Library / Laws / 113th / s / S. 1243 / Placed on Calendar (Senate)
II
Calendar No. 99
113th CONGRESS
1st Session
S. 1243
[Report No.
113–45]
IN THE SENATE OF THE UNITED
STATES
June 27, 2013
Mrs. Murray, from the
Committee on
Appropriations, reported the following original bill; which
was read twice and placed on the calendar
A BILL
Making appropriations for the Departments
of Transportation, and Housing and Urban Development, and related agencies for
the fiscal year ending September 30, 2014, and for other
purposes.
That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the
Departments of Transportation, and Housing and Urban Development, and related
agencies for the fiscal year ending September 30, 2014, and for other purposes,
namely:
I
Department of transportation
Office of the
secretary
Salaries and expenses
For necessary expenses of the Office of the
Secretary, $109,340,000, of which not to exceed
$2,652,000 shall be available for the immediate
Office of the Secretary; not to exceed
$1,000,000 shall be available for the immediate
Office of the Deputy Secretary; not to exceed
$20,502,000 shall be available for the Office of
the General Counsel; not to exceed $10,271,000
shall be available for the Office of the Under Secretary of Transportation for
Policy; not to exceed $13,026,000 shall be
available for the Office of the Assistant Secretary for Budget and Programs;
not to exceed $2,627,000 shall be available for
the Office of the Assistant Secretary for Governmental Affairs; not to exceed
$26,686,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed
$2,051,000 shall be available for the Office of
Public Affairs; not to exceed $1,714,000 shall
be available for the Office of the Executive Secretariat; not to exceed
$1,386,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed
$10,849,000 shall be available for the Office of
Intelligence, Security, and Emergency Response; and not to exceed
$16,576,000 shall be available for the Office of
the Chief Information Officer:
Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office of the Secretary:
Provided further, That
no appropriation for any office shall be increased or decreased by more than 5
percent by all such transfers:
Provided further, That
notice of any change in funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
Provided further, That
not to exceed $60,000 shall be for allocation
within the Department for official reception and representation expenses as the
Secretary may determine:
Provided further, That
notwithstanding any other provision of law, excluding fees authorized in Public
Law 107–71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees:
Provided further, That
none of the funds provided in this Act shall be available for the position of
Assistant Secretary for Public Affairs.
National Infrastructure
Investments
For capital
investments in surface transportation infrastructure,
$550,000,000, to remain available through
September 30, 2016:
Provided, That the Secretary of
Transportation shall distribute funds provided under this heading as
discretionary grants to be awarded to a State, local government, transit
agency, or a collaboration among such entities on a competitive basis for
projects that will have a significant impact on the Nation, a metropolitan
area, or a region:
Provided further, That
projects eligible for funding provided under this heading shall include, but
not be limited to, highway or bridge projects eligible under title 23, United
States Code; public transportation projects eligible under chapter 53 of title
49, United States Code; passenger and freight rail transportation projects; and
port infrastructure investments:
Provided further, That
the Secretary may use up to 35 percent of the funds made available under this
heading for the purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, if the Secretary finds that such use of the funds would
advance the purposes of this paragraph:
Provided further, That
in distributing funds provided under this heading, the Secretary shall take
such measures so as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural areas, and the
investment in a variety of transportation modes:
Provided further, That
a grant funded under this heading shall be not less than
$10,000,000 and not greater than
$200,000,000:
Provided further, That
not more than 25 percent of the funds made available under this heading may be
awarded to projects in a single State:
Provided further, That
the Federal share of the costs for which an expenditure is made under this
heading shall be, at the option of the recipient, up to 80 percent:
Provided further, That
the Secretary shall give priority to projects that require a contribution of
Federal funds in order to complete an overall financing package:
Provided further, That
not less than 20 percent of the funds provided under this heading shall be for
projects located in rural areas:
Provided further, That
for projects located in rural areas, the minimum grant size shall be
$1,000,000 and the Secretary may increase the
Federal share of costs above 80 percent:
Provided further, That
of the amount made available under this heading, the Secretary may use an
amount not to exceed $35,000,000 for the
planning, preparation or design of projects eligible for funding under this
heading:
Provided further, That
grants awarded under the previous proviso shall not be subject to a minimum
grant size:
Provided further, That
projects conducted using funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That
the Secretary shall conduct a new competition to select the grants and credit
assistance awarded under this heading:
Provided further, That
the Secretary may retain up to $20,000,000 of
the funds provided under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and the Federal
Maritime Administration, to fund the award and oversight of grants and credit
assistance made under the National Infrastructure Investments
program.
Financial management capital
For necessary expenses for upgrading and
enhancing the Department of Transportation's financial systems and
re-engineering business processes, $10,000,000,
to remain available through September 30, 2015.
Cyber security initiatives
For necessary expenses for cyber security
initiatives, including necessary upgrades to wide area network and information
technology infrastructure, improvement of network perimeter controls and
identity management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal cyber
security initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network devices, and
enhancement of cyber security workforce training tools,
$6,000,000, to remain available through
September 30, 2015.
Office of civil rights
For necessary expenses of the Office of
Civil Rights,
$9,551,000.
Transportation planning, research, and
development
(including rescission)
For necessary expenses for conducting
transportation planning, research, systems development, development activities,
and making grants, to remain available until expended,
$9,750,000:
Provided, That of the unobligated
balances made available by Public Law 111–117,
$750,000 are hereby rescinded:
Provided further, That
of the unobligated balances made available by section 195 of Public Law
111–117, $2,000,000 are hereby
rescinded.
Working capital fund
For necessary expenses for operating costs
and capital outlays of the Working Capital Fund, not to exceed
$178,000,000 shall be paid from appropriations
made available to the Department of Transportation:
Provided, That such services shall
be provided on a competitive basis to entities within the Department of
Transportation:
Provided further, That
the above limitation on operating expenses shall not apply to non-DOT entities:
Provided further, That
no funds appropriated in this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority approval of the
Working Capital Fund Steering Committee and approval of the Secretary:
Provided further, That
no assessments may be levied against any program, budget activity, subactivity
or project funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on Appropriations and
are approved by such Committees.
Minority business resource center
program
For the cost of
guaranteed loans, $333,000, as authorized by 49
U.S.C. 332:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed
$18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program,
$592,000.
Minority business outreach
For necessary expenses of Minority Business
Resource Center outreach activities, $3,088,000,
to remain available until September 30, 2015:
Provided, That notwithstanding 49
U.S.C. 332, these funds may be used for business opportunities related to any
mode of transportation.
Payments to air
carriers
(airport and airway trust
fund)
In addition to funds
made available from any other source to carry out the essential air service
program under 49 U.S.C. 41731 through 41742,
$146,000,000, to be derived from the Airport and
Airway Trust Fund, to remain available until expended:
Provided, That in determining
between or among carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of the
carriers: Provided further,
That basic essential air service minimum requirements shall not include the
15-passenger capacity requirement under subsection 41732(b)(3) of title 49,
United States Code:
Provided further, That
the Secretary may transfer such sums as may be necessary to carry out the
essential air service program from any available amounts appropriated to or
directly administered by the Office of the Secretary for fiscal year 2014:
Provided further, That
in fiscal year 2014 the Secretary shall replenish amounts transferred under the
previous proviso with amounts transferred by the Federal Aviation
Administration from fees imposed under the authority contained in section
45301(a) of title 49, United States Code, and credited to the account
established under section 45303 of such title.
Research and technology
For necessary expenses related to the Office
of the Assistant Secretary for Research and Technology,
$14,765,000, of which
$8,218,000 shall remain available until
September 30, 2016:
Provided, That there may be
credited to this appropriation, to be available until expended, funds received
from States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training:
Provided further, That
notwithstanding any other provision of law, the powers and duties, functions,
authorities and personnel of the Research and Innovative Technology
Administration are hereby transferred to the Office of the Assistant Secretary
for Research and Technology in the Office of the Secretary:
Provided further, That
notwithstanding section 102 of title 49 and section 5315 of title 5, United
States Code, there shall be an Assistant Secretary for Research and Technology
within the Office of the Secretary, appointed by the President with the advice
and consent of the Senate, to lead such office:
Provided further, That
any reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall be deemed to be a
reference to the Office of the Assistant Secretary for Research and Technology
of the Department of Transportation.
Administrative provisions—office of the
secretary of transportation
101. None of the funds made available in this
Act to the Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable agreements
pertaining to funds appropriated to the modal administrations in this Act,
except for activities underway on the date of enactment of this Act, unless
such assessments or agreements have completed the normal reprogramming process
for Congressional notification.
102. None of the funds made available under this
Act may be obligated or expended to establish or implement a program under
which essential air service communities are required to assume subsidy costs
commonly referred to as the EAS local participation program.
103. The Secretary or his designee may engage in
activities with States and State legislators to consider proposals related to
the reduction of motorcycle fatalities.
104. Notwithstanding section 3324 of title 31,
United States Code, in addition to authority provided by section 327 of title
49, United States Code, the Department's Working Capital Fund is hereby
authorized to provide payments in advance to vendors that are necessary to
carry out the Federal transit pass transportation fringe benefit program under
Executive Order 13150 and section 3049 of Public Law 109–59:
Provided, That the Department
shall include adequate safeguards in the contract with the vendors to ensure
timely and high-quality performance under the contract.
105. The Secretary shall post on the Web site of
the Department of Transportation a schedule of all meetings of the Credit
Council, including the agenda for each meeting, and require the Credit Council
to record the decisions and actions of each meeting.
Federal aviation
administration
Operations
(airport and airway trust
fund)
For necessary expenses of the Federal
Aviation Administration, not otherwise provided for, including operations and
research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation
facilities, the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public, lease
or purchase of passenger motor vehicles for replacement only, in addition to
amounts made available by Public Law 108–176,
$9,707,000,000, of which
$6,121,000,000 shall be derived from the Airport
and Airway Trust Fund, of which not to exceed
$7,311,790,000 shall be available for air
traffic organization activities; not to exceed
$1,216,777,000 shall be available for aviation
safety activities; not to exceed $17,011,000
shall be available for commercial space transportation activities; not to
exceed $802,520,000 shall be available for
finance and management activities; not to exceed
$59,477,000 shall be available for NextGen and
operations planning activities; not to exceed
$192,780,000 shall be available for staff
offices; and not to exceed $106,645,000 shall be
available for human resource management activities:
Provided, That not to exceed 2
percent of any budget activity, except for aviation safety budget activity, may
be transferred to any budget activity under this heading:
Provided further, That
no transfer may increase or decrease any appropriation by more than 2 percent:
Provided further, That
any transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in that
section:
Provided further, That
not later than March 31 of each fiscal year hereafter, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section 221 of
Public Law 108–176:
Provided further, That
the amount herein appropriated shall be reduced by
$100,000 for each day after March 31 that such
report has not been submitted to the Congress:
Provided further, That
not later than March 31 of each fiscal year hereafter, the Administrator shall
transmit to Congress a companion report that describes a comprehensive strategy
for staffing, hiring, and training flight standards and aircraft certification
staff in a format similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring goals by fiscal year:
Provided further, That
the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31
that such report has not been submitted to Congress:
Provided further, That
funds may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation safety
standards:
Provided further, That
none of the funds in this Act shall be available for new applicants for the
second career training program:
Provided further, That
none of the funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that would promulgate
new aviation user fees not specifically authorized by law after the date of the
enactment of this Act:
Provided further, That
there may be credited to this appropriation as offsetting collections funds
received from States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station certificates, or
for tests related thereto, or for processing major repair or alteration forms:
Provided further, That
of the funds appropriated under this heading, not less than
$10,350,000 shall be for the contract tower
cost-sharing program:
Provided further, That
none of the funds in this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through, the Working
Capital Fund.
Facilities and
equipment
(airport and airway trust
fund)
For necessary expenses,
not otherwise provided for, for acquisition, establishment, technical support
services, improvement by contract or purchase, and hire of national airspace
systems and experimental facilities and equipment, as authorized under part A
of subtitle VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft from funds
available under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,730,000,000, of which
$481,000,000 shall remain available until
September 30, 2014, and $2,249,000,000 shall
remain available until September 30, 2016:
Provided, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization of
national airspace
systems:
Provided further, That
upon initial submission to the Congress of the fiscal year 2015 President's
budget, the Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal Aviation Administration
which includes funding for each budget line item for fiscal years 2015 through
2019, with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of Management
and Budget.
Research, engineering, and
development
(airport and airway trust
fund)
(including rescission)
For necessary expenses, not otherwise
provided for, for research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code, including construction
of experimental facilities and acquisition of necessary sites by lease or
grant, $160,000,000, to be derived from the
Airport and Airway Trust Fund and to remain available until September 30, 2016:
Provided, That there may be
credited to this appropriation as offsetting collections, funds received from
States, counties, municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for research,
engineering, and development:
Provided further, That
of the unobligated balances from prior year appropriations available under this
heading, $26,183,998 are
rescinded.
Grants-in-aid for
airports
(liquidation of contract
authorization)
(limitation on
obligations)
(airport and airway trust
fund)
(including transfer of funds)
For liquidation of obligations incurred for
grants-in-aid for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code, and under other
law authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at airports of
such title; for grants authorized under section 41743 of title 49, United
States Code; and for inspection activities and administration of airport safety
programs, including those related to airport operating certificates under
section 44706 of title 49, United States Code,
$3,200,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until expended:
Provided, That none of the funds
under this heading shall be available for the planning or execution of programs
the obligations for which are in excess of
$3,350,000,000 in fiscal year 2014,
notwithstanding section 47117(g) of title 49, United States Code:
Provided further, That
none of the funds under this heading shall be available for the replacement of
baggage conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive detection
systems:
Provided further, That
notwithstanding section 47109(a) of title 49, United States Code, the
Government’s share of allowable project costs under paragraph (2) for subgrants
or paragraph (3) of that section shall be 95 percent for a project that is a
successive phase of a multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the construction project:
Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $106,600,000 shall be
obligated for administration, not less than
$15,000,000 shall be available for the Airport
Cooperative Research Program, not less than
$29,500,000 shall be available for Airport
Technology Research, and $6,000,000, to remain
available until expended, shall be available and transferred to Office
of the Secretary, Salaries and Expenses to carry out the Small
Community Air Service Development Program.
Administrative provisions—federal aviation
administration
110. None of the funds in this Act may be used
to compensate in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development during
fiscal year 2014.
111. None of the funds in this Act shall be used
to pursue or adopt guidelines or regulations requiring airport sponsors to
provide to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control, air
navigation, or weather reporting:
Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency and
airport sponsors to achieve agreement on below-market rates for
these items or to grant assurances that require airport sponsors to provide
land without cost to the FAA for air traffic control facilities.
112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303 and any amount remaining
in such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same purposes
of such appropriation.
114. None of the funds in this Act shall be
available for paying premium pay under subsection 5546(a) of title 5, United
States Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such premium
pay.
115. None of the funds in this Act may be
obligated or expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
116. The Secretary shall apportion to the
sponsor of an airport that received scheduled or unscheduled air service from a
large certified air carrier (as defined in part 241 of title 14 Code of Federal
Regulations, or such other regulations as may be issued by the Secretary under
the authority of section 41709) an amount equal to the minimum apportionment
specified in 49 U.S.C. 47114(c), if the Secretary determines that airport had
more than 10,000 passenger boardings in the preceding calendar year, based on
data submitted to the Secretary under part 241 of title 14, Code of Federal
Regulations.
117. None of the funds in this Act may be
obligated or expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
118. Subparagraph (D) of section 47124(b)(3) of
title 49, United States Code, is amended by striking benefit.
and inserting benefit, with the maximum allowable local cost share
capped at 20 percent..
119. Notwithstanding any other provision of law,
none of the funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of any
owner or operator of a private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a blocking of that
owner's or operator’s aircraft registration number from any display of the
Federal Aviation Administration’s Aircraft Situational Display to Industry data
that is made available to the public, except data made available to a
Government agency, for the noncommercial flights of that owner or
operator.
119A. None of the funds in this Act shall be
available for salaries and expenses of more than 8 political and Presidential
appointees in the Federal Aviation Administration.
119B. None of the funds made available under this
Act may be used to increase fees pursuant to section 44721 of title 49, United
States Code, until the FAA provides to the House and Senate Committees on
Appropriations the report related to aeronautical navigation products described
in the explanatory statement accompanying this Act.
119C. None of the funds appropriated or limited
by this Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
119D. The Secretary shall (1) evaluate and adjust
existing helicopter routes above Los Angeles, and make adjustments to such
routes if the adjustments would lessen impacts on residential areas and
noise-sensitive landmarks; (2) analyze whether helicopters could safely fly at
higher altitudes in certain areas above Los Angeles County; (3) develop and
promote best practices for helicopter hovering and electronic news gathering;
(4) conduct outreach to helicopter pilots to inform them of voluntary policies
and to increase awareness of noise sensitive areas and events; (5) work with
local stakeholders to develop a more comprehensive noise complaint system; and
(6) continue to participate in collaborative engagement between community
representatives and helicopter operators:
Provided, That not later than one
year after enactment of this Act, the Secretary shall begin the development of
regulations related to the impact of helicopter use on the quality of life and
safety of the people of Los Angeles County unless the Secretary can demonstrate
the effectiveness of actions taken under the previous proviso to address
helicopter noise.
119E. None of the funds in this Act may be used
to issue regulations on the integration of unmanned aerial systems into the
national airspace until the Secretary submits to the House and Senate
Committees on Appropriations the report related to the privacy implications of
unmanned aerial systems described in the explanatory statement accompanying
this Act.
Federal highway
administration
Limitation on administrative
expenses
(Highway Trust
Fund)
(including transfer of funds)
Not to exceed
$429,855,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be paid in
accordance with law from appropriations made available by this Act to the
Federal Highway Administration for necessary expenses for administration and
operation. In addition, not to exceed $3,248,000
shall be paid from appropriations made available by this Act and transferred to
the Appalachian Regional Commission in accordance with section 104 of title 23,
United States Code.
Federal-aid
highways
(limitation on
obligations)
(highway trust fund)
Funds available for the implementation or
execution of programs of Federal-aid highways and highway safety construction
programs authorized under titles 23 and 49, United States Code, and the
provisions of Public Law 112–141 shall not exceed total obligations of
$40,256,000,000 for fiscal year 2014:
Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code, to cover
the costs of services of expert firms, including counsel, in the field of
municipal and project finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs to the Federal
Government of servicing such credit instruments:
Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That
such amounts are in addition to administrative expenses that are also available
for such purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23, United
States Code.
Bridges in Critical Corridors
For an additional amount for projects
eligible under sections 133(b)(2) or 133(b)(3) of title 23, United States Code,
$500,000,000 to remain available through
September 30, 2015:
Provided, That the Secretary shall
distribute funds provided under this heading as discretionary grants to States,
giving priority to projects that are located on the national highway system or
that the Secretary expects will provide significant safety or economic
benefits:
Provided further, That
funds provided under this heading shall be administered as if apportioned under
chapter 1 of such title and shall be subject to section 1101(b) of Public Law
112–141:
Provided further, That
the Federal share of the cost of a project funded under this heading shall be
determined in accordance with section 120 of such
title.
(Liquidation of contract
authorization)
(Highway Trust
Fund)
For the payment of obligations incurred in
carrying out Federal-aid highways and highway safety construction programs
authorized under title 23, United States Code,
$40,995,000,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
Administrative provisions—federal highway
administration
120.
(a) For fiscal year 2014, the Secretary of
Transportation shall—
(1) not distribute from the obligation
limitation for Federal-aid highways—
(A) amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the
obligation limitation for Federal-aid highways that is equal to the unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the funds for which are
allocated by the Secretary (or apportioned by the Secretary under sections 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was
provided in a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed under paragraphs (1)
and (2) of this subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection (b) and sums authorized
to be appropriated for section 119 of title 23, United States Code, equal to
the amount referred to in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for
Federal-aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than programs to which
paragraph (1) applies) that are allocated by the Secretary under the Moving
Ahead for Progress in the 21st Century Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of that title, by
multiplying—
(A) the proportion determined under paragraph
(3); by
(B) the amounts authorized to be appropriated
for each such program for such fiscal year; and
(5) distribute the obligation limitation for
Federal-aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph (4), for
Federal-aid highway and highway safety construction programs that are
apportioned by the Secretary under title 23, United States Code (other than the
amounts apportioned for the national highway performance program in section 119
of title 23, United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under sections 202 and 204 of
that title) in the proportion that—
(A) amounts authorized to be appropriated for
the programs that are apportioned under title 23, United States Code, to each
State for such fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b)
Exceptions From Obligation
Limitation
The obligation
limitation for Federal-aid highways shall not apply to obligations under or
for—
(1) section 125 of title 23, United States
Code;
(2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of
1981 (95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of
the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of
the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2027);
(7) section 157 of title 23, United States Code
(as in effect on June 8, 1998);
(8) section 105 of title 23, United States Code
(as in effect for fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal
years);
(9) Federal-aid highway programs for which
obligation authority was made available under the Transportation Equity Act for
the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the obligation
authority has not lapsed or been used;
(10) section 105 of title 23, United States Code
(but, for each of fiscal years 2005 through 2012, only in an amount equal to
$639,000,000 for each of those fiscal
years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118
note; 119 Stat. 1248), to the extent that funds obligated in accordance with
that section were not subject to a limitation on obligations at the time at
which the funds were initially made available for obligation; and
(12) section 119 of title 23, United States Code
(but, for fiscal years 2013 and 2014, only in an amount equal to
$639,000,000 for such fiscal year).
(c)
Redistribution of Unused Obligation
Authority
Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal year—
(1) revise a distribution of the obligation
limitation made available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in effect on
the day before the date of enactment of the Moving Ahead for Progress in the
21st Century Act) and 104 of title 23, United States Code.
(d)
Applicability of Obligation Limitations to
Transportation Research Programs
(1)
In general
Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to contract
authority for transportation research programs carried out under—
(A) chapter 5 of title 23, United States Code;
and
(B) division E of the Moving Ahead for Progress
in the 21st Century Act.
(2)
Exception
Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e)
Redistribution of Certain Authorized
Funds
(1)
In general
Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the Secretary shall
distribute to the States any funds (excluding funds authorized for the program
under section 202 of title 23, United States Code) that—
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be
allocated to the States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available for obligation,
for such fiscal year because of the imposition of any obligation limitation for
such fiscal year.
(2)
Ratio
Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation authority under
subsection (a)(5).
(3)
Availability
Funds distributed to each State under
paragraph (1) shall be available for any purpose described in section 133(b) of
title 23, United States Code.
121. Notwithstanding 31 U.S.C. 3302, funds
received by the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to chapter 63 of title 49,
United States Code, may be credited to the Federal-aid Highways account for the
purpose of reimbursing the Bureau for such expenses:
Provided, That such funds shall
be subject to the obligation limitation for Federal-aid Highways and highway
safety construction programs.
122. Not less than 15 days prior to waiving,
under his statutory authority, any Buy America requirement for Federal-aid
highway projects, the Secretary of Transportation shall make an informal public
notice and comment opportunity on the intent to issue such waiver and the
reasons therefor:
Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
123.
(a)
In general
Except as provided in subsection (b), none
of the funds made available, limited, or otherwise affected by this Act shall
be used to approve or otherwise authorize the imposition of any toll on any
segment of highway located on the Federal-aid system in the State of Texas
that—
(1) as of the date of enactment of this Act, is
not tolled;
(2) is constructed with Federal assistance
provided under title 23, United States Code; and
(3) is in actual operation as of the date of
enactment of this Act.
(b)
Exceptions
(1)
Number of toll lanes
Subsection (a) shall not apply to any
segment of highway on the Federal-aid system described in that subsection that,
as of the date on which a toll is imposed on the segment, will have the same
number of nontoll lanes as were in existence prior to that date.
(2)
High-occupancy vehicle lanes
A high-occupancy vehicle lane that is
converted to a toll lane shall not be subject to this section, and shall not be
considered to be a nontoll lane for purposes of determining whether a highway
will have fewer nontoll lanes than prior to the date of imposition of the toll,
if—
(A) high-occupancy vehicles occupied by the
number of passengers specified by the entity operating the toll lane may use
the toll lane without paying a toll, unless otherwise specified by the
appropriate county, town, municipal or other local government entity, or public
toll road or transit authority; or
(B) each high-occupancy vehicle lane that was
converted to a toll lane was constructed as a temporary lane to be replaced by
a toll lane under a plan approved by the appropriate county, town, municipal or
other local government entity, or public toll road or transit authority.
124. From the unobligated balances of funds
apportioned among the States prior to October 1, 2012, under sections 104(b) of
title 23, United States Code (as in effect on the day before the date of
enactment of Public Law 112–141), the amount of
$26,103,000 shall be made available in fiscal
year 2014 for the administrative expenses of the Federal Highway
Administration:
Provided, That this provision
shall not apply to funds distributed in accordance with section 104(b)(5) of
title 23, United States Code (as in effect on the day before the date of
enactment of Public Law 112–141); section 133(d)(1) of such title (as in effect
on the day before the date of enactment of Public Law 109–59); and the first
sentence of section 133(d)(3)(A) of such title (as in effect on the day before
the date of enactment of Public Law 112–141):
Provided further,
That such amount shall be derived on a proportional basis from the unobligated
balances of apportioned funds to which this provision applies:
Provided further,
That the amount made available by this provision in fiscal year 2014 for the
administrative expenses of the Federal Highway Administration shall be in
addition to the amount made available in fiscal year 2014 for such purposes
under section 104(a) of title 23, United States Code:
Provided further,
That the amount made available by this provision in fiscal year 2014 for the
administrative expenses of the Federal Highway Administration shall have the
same period of availability and characteristics of the contract authority made
available under section 104(a) of title 23, United States Code.
125. None of the funds in this Act to the
Department of Transportation may be used to provide credit assistance unless
not less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code, the
Secretary of Transportation provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the Committee on
Environment and Public Works and the Committee on Banking, Housing and Urban
Affairs of the Senate; and the Committee on Transportation and Infrastructure
of the House of Representatives:
Provided, That such notification
shall include, but not be limited to, the name of the project sponsor; a
description of the project; whether credit assistance will be provided as a
direct loan, loan guarantee, or line of credit; and the amount of credit
assistance.
126. Section 149(m) of title 23, United States
Code, is amended by striking that was previously eligible under this
section and replacing with for which CMAQ funding was made
available, obligated or expended in fiscal year 2012, and shall have no imposed
time limitation.
Federal motor carrier safety
administration
Motor carrier safety operations and
programs
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust
fund)
For payment of obligations incurred in the
implementation, execution and administration of motor carrier safety operations
and programs pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109–59, as amended by Public Law 112–141,
$259,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety Administration, and
to remain available until expended:
Provided, That funds available for
implementation, execution or administration of motor carrier safety operations
and programs authorized under title 49, United States Code, shall not exceed
total obligations of $259,000,000, for
Motor Carrier Safety Operations and Programs for fiscal year
2014, of which $9,000,000, to remain available
for obligation until September 30, 2016, is for the research and technology
program, and of which $1,000,000 shall be
available for commercial motor vehicle operator's grants to carry out section
4134 of Public Law 109–59, and of which
$34,545,000, to remain available for obligation
until September 30, 2016, is for information management:
Provided further, That
the Federal Motor Carrier Safety Administration shall transmit to Congress a
report by March 28, 2014, on the agency's ability to meet its requirement to
conduct compliance reviews on mandatory carriers:
Provided further, That
the Federal Motor Carrier Safety Administration’s obligation limitation shall
be reduced by $100,000 per day for each day any
report required under this heading or accompanying report is past the deadlines
specified herein.
National Motor Carrier
safety
(liquidation of contract
authorization)
(limitation of
obligations)
(highway trust fund)
For payment of obligations incurred in the
implementation, execution, and administration of national motor carrier safety
programs pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109–59,
$19,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety Administration, the
sum of which shall remain available until expended:
Provided, That none of the funds
derived from the Highway Trust Fund under this heading shall be available for
the implementation, execution or administration of programs, the obligations
for which are in excess of $19,000,000, of which
$13,000,000 shall be made available for the use
of border facilities and $6,000,000 shall be
made available for information technology modernization efforts:
Provided further, That
of the $19,000,000 of unobligated contract
authority provided in the Transportation Equity Act for the 21st Century
(Public Law 105–178) or other appropriation or authorization acts for the
national motor carrier safety program,
$13,000,000 shall be made available for the use
of border facilities and $6,000,000 shall be
made available for information technology and data analysis
activities.
Motor carrier safety
grants
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust
fund)
For payment of obligations incurred in
carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of
title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59,
as amended by Public Law 112–141, $317,000,000,
to be derived from the Highway Trust Fund (other than the Mass Transit Account)
and to remain available until expended:
Provided, That funds available for
the implementation or execution of motor carrier safety programs shall not
exceed total obligations of $317,000,000 in
fiscal year 2014 for Motor Carrier Safety Grants; of which
$222,000,000 shall be available for the motor
carrier safety assistance program, $30,000,000
shall be available for the commercial driver's license improvements program,
$32,000,000 shall be available for border
enforcement grants, $5,000,000 shall be
available for the performance and registration information system management
program, $25,000,000 shall be available for the
commercial vehicle information systems and networks deployment program, and
$3,000,000 shall be available for the safety
data improvement program:
Provided further,
That, of the funds made available herein for the motor carrier assistance
program, $36,000,000 shall be available for
audits of new entrant motor carriers.
ADMINISTRATIVE PROVISION—FEDERAL MOTOR
CARRIER SAFETY ADMINISTRATION
130. Funds appropriated or limited in this Act
shall be subject to the terms and conditions stipulated in section 350 of
Public Law 107–87 and section 6901 of Public Law 110–28.
131. Section 4144(d) of Public Law 109–59 is
amended by striking September 30, 2013 and replacing with
September 30, 2014.
132. Section 4138 of Public Law 109–59 is
amended by striking category A or B and inserting
high-risk.
National highway traffic safety
administration
Operations and research
For expenses necessary to discharge the
functions of the Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of title 49, United
States Code, $148,343,000, of which
$20,000,000 shall remain available through
September 30, 2015.
Operations and
research
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust fund)
For payment of obligations incurred in
carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code, $138,500,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended:
Provided, That none of the funds in
this Act shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2014, are in excess of
$138,500,000, of which
$133,500,000 shall be for programs authorized
under 23 U.S.C. 403 and $5,000,000 shall be for
the National Driver Register authorized under and chapter 303 of title 49,
United States Code:
Provided further, That
within the $133,500,000 obligation limitation
for operations and research, $20,000,000 shall
remain available until September 30, 2015 and shall be in addition to the
amount of any limitation imposed on obligations for future years:
Provided further, That
$20,000,000 of the total obligation limitation
for operations and research in fiscal year 2014 shall be applied toward
unobligated balances of contract authority provided in prior Acts for carrying
out the provisions of 23 U.S.C. 403, and chapter 303 of title 49, United States
Code.
Highway traffic safety
grants
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust fund)
For payment of obligations incurred in
carrying out the provisions of 23 U.S.C. 402 and 405, section 2009 of Public
Law 109–59 as amended by Public Law 112–141, and section 31101(a)(6) of Public
Law 112–141, to remain available until expended,
$561,500,000 to be derived from the Highway
Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in
this Act shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2014, are in excess of
$561,500,000 for programs authorized under 23
U.S.C. 402 and 405, section 2009 of Public Law 109–59 as amended by Public Law
112–141, and section 31101(a)(6) of Public Law 112–141, of which
$235,000,000 shall be for Highway Safety
Programs under 23 U.S.C. 402;
$272,000,000 shall be for National
Priority Safety Programs under 23 U.S.C. 405;
$29,000,000 shall be for the High
Visibility Enforcement Program under section 2009 of Public Law 109–59
as amended by Public Law 112–141; $25,500,000
shall be for Administrative Expenses under section 31101(a)(6)
of Public Law 112–141:
Provided further, That
none of these funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for State, local or
private buildings or structures:
Provided further, That
not to exceed $500,000 of the funds made
available for National Priority Safety Programs under 23 U.S.C.
405 for Impaired Driving Countermeasures (as described in
subsection (d) of that section) shall be available for technical assistance to
the States:
Provided further, That
with respect to the Transfers provision under 23 U.S.C.
405(a)(1)(G), any amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for such amounts:
Provided further, That
the Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the previous
proviso or under 23 U.S.C. 405(a)(1)(G) within 60
days.
Administrative provisions—national highway
traffic safety administration
140. An additional
$130,000 shall be made available to the National
Highway Traffic Safety Administration, out of the amount limited for section
402 of title 23, United States Code, to pay for travel and related expenses for
State management reviews and to pay for core competency development training
and related expenses for highway safety staff.
141. The limitations on obligations for the
programs of the National Highway Traffic Safety Administration set in this Act
shall not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
142. None of the funds in this Act shall be used
to implement section 404 of title 23, United States Code.
Federal railroad
administration
Safety and operations
For necessary expenses of the Federal
Railroad Administration, not otherwise provided for,
$184,500,000, of which
$12,400,000 shall remain available until
expended.
Railroad research and
development
For necessary
expenses for railroad research and development,
$35,250,000, to remain available until
expended.
Railroad rehabilitation and improvement
financing program
The
Secretary of Transportation is authorized to issue direct loans and loan
guarantees pursuant to sections 501 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, such
authority to exist as long as any such direct loan or loan guarantee is
outstanding:
Provided, That, pursuant to section
502 of such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during fiscal
year 2014.
Grants to the national railroad passenger
corporation
To enable the
Secretary of Transportation to make grants to the National Railroad Passenger
Corporation as authorized by the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110–432, hereafter referred to as such
law for purposes of this heading),
$1,452,000,000 to remain available until
expended:
Provided, That of the amounts
available under this heading, up to $199,000,000
shall be for debt service obligations, up to
$390,000,000 shall be for the operation of
intercity passenger rail, and not less than
$75,000,000 shall be made available to bring
Amtrak served facilities and stations into compliance with the Americans with
Disabilities Act:
Provided further, That
after an initial distribution of up to
$200,000,000, which shall be used by Amtrak as a
working capital account, all remaining capital and debt service funds shall be
provided only on a reimbursable basis:
Provided further, That
funding for the operation of intercity passenger rail, as authorized by section
101 of such law, shall be distributed no more frequently than quarterly:
Provided further, That
the Secretary may retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management and oversight of
activities authorized by subsections 101(a) and 101(c) of such law:
Provided further, That
in addition to the project management oversight funds authorized under section
101(d) of such law, the Secretary may retain up to an additional one-half of 1
percent of the funds provided under this heading to fund expenses associated
with section 24905 of title 49, United States Code:
Provided further, That
not later than 60 days after the date of enactment of this Act, the Corporation
shall transmit, in electronic format, to the House and Senate Committees on
Appropriations a business plan and 5-year Financial Plan for fiscal year 2014
as required under section 204 of such law.
Capital assistance for national high
performance passenger rail service
To enable the Secretary of Transportation to
make grants for projects that solely improve existing passenger rail corridor
services as authorized under sections 24402, and 24105 of title 49, United
States Code, $100,000,000, to remain available
until expended:
Provided, That up to
$20,000,000 of the funds provided under this
paragraph may be used for planning activities that lead directly to the
development of a passenger rail corridor investment plan consistent with the
requirements established by the Administrator or a state rail plan consistent
with chapter 227 of title 49, United States Code:
Provided further, That
the Secretary may retain a portion of the funds made available for planning
activities under the previous proviso to facilitate the preparation of a
service development plan and related environmental impact statement for high
performance rail corridors located in multiple States:
Provided further, That
the Secretary shall issue a notice of funding availability that shall provide
interim guidance to applicants covering application procedures and administer
the grants provided under this heading pursuant to that guidance:
Provided further, That
the Federal share payable of the costs for which a grant or cooperative
agreements is made under this heading shall not exceed 80 percent:
Provided further, That
a project need not be in a State rail plan developed under Chapter 227 of title
49, United States Code, to be eligible for assistance under this heading:
Provided further, That
up to 2 percent of the funds provided under this heading are available to the
Administrator of the Federal Railroad Administration to fund the award and
oversight by the Administrator of grants and cooperative agreements made under
this heading:
Provided further, That
recipients of grants under this paragraph shall conduct all procurement
transactions using such grant funds in a manner that provides full and open
competition, as determined by the Secretary, in compliance with existing labor
agreements.
Next generation high speed
rail
(rescission)
Of the funds made available for Next
Generation High Speed Rail, as authorized by sections 1103 and 7201 of Public
Law 105–178, $1,973,000 are hereby permanently
rescinded.
Northeast corridor improvement
program
(rescission)
Of the funds made available for the
Northeast Corridor Improvement Program, as authorized by Public Law 94–210,
$4,419,000 are hereby permanently
rescinded.
Administrative provisions—federal railroad
administration
150. Hereafter, notwithstanding any other
provision of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available to said
Corporation in the event that the Corporation contracts to have services
provided at or from any location outside the United States. For purposes of
this section, the word services shall mean any service that was,
as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose
base of employment is located within the United States.
151. The Secretary of Transportation may receive
and expend cash, or receive and utilize spare parts and similar items, from
non-United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment as a
result of third-party liability for such damages, and any amounts collected
under this section shall be credited directly to the Safety and Operations
account of the Federal Railroad Administration, and shall remain available
until expended for the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the automated track inspection
program.
152. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee:
Provided, That the president of
Amtrak may waive the cap set in the previous proviso for specific employees
when the president of Amtrak determines such a cap poses a risk to the safety
and operational efficiency of the system:
Provided further,
That Amtrak shall notify the House and Senate Committees on Appropriations
quarterly of any waivers to such cap and delineate the reasons for granting
such waiver.
153. The amounts available to the National
Railroad Passenger Corporation for the operation of intercity passenger rail
shall be available for distribution by the Secretary only after receiving and
reviewing a grant request for each specific train route accompanied by a
detailed financial analysis, revenue projection, and capital asset plan
justifying the Federal support to the Secretary’s satisfaction.
154. Of the funds made available under Public
Law 113–2 under the heading Federal Railroad Administration, Grants to
the National Railroad Passenger Corporation, the second proviso is
amended by deleting or any other Act.
Federal transit
administration
Administrative
expenses
For necessary administrative expenses of the
Federal Transit Administration's programs authorized by chapter 53 of title 49,
United States Code, $109,888,000, of which not
less than $5,000,000 shall be available to carry
out the provisions of 49 U.S.C. 5329 and not less than
$1,000,000 shall be available to carry out the
provisions of 49 U.S.C. 5326:
Provided, That upon submission to
the Congress of the fiscal year 2015 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on Capital
Investment Grants, including proposed allocations of funds for fiscal year
2015.
Formula
Grants
(liquidation of contract
authority)
(limitation on
obligations)
(highway trust
fund)
For payment of obligations incurred in
carrying out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d),
5329(e)(6), 5335, 5337, 5339, and 5340, as amended by Public Law 112–141, and
20005(b) of Public Law 112–141, $9,500,000,000,
to be derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended:
Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by Public Law 112–141, and 20005(b) of Public Law 112–141, shall not
exceed total obligations of $8,595,000,000 in
fiscal year 2014.
Transit research programs
For necessary expenses to carry out 49
U.S.C. 5312, 5313, 5314, and 5322(a), (b) and (e),
$55,300,000, to remain available until September
30, 2015:
Provided, That not less than
$43,300,000 shall be for activities authorized
under 49 U.S.C. 5312;
Provided further, That
the Federal share for contracts and cooperative agreements under the program
referred to in the previous proviso may be up to 100
percent.
Capital investment
grants
For necessary expenses to carry out 49
U.S.C. 5309, $1,942,938,000, to remain available
until expended.
Grants to the washington metropolitan area
transit authority
For grants
to the Washington Metropolitan Area Transit Authority as authorized under
section 601 of division B of Public Law 110–432,
$150,000,000, to remain available until
expended:
Provided, That the Secretary shall
approve grants for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after receiving and
reviewing a request for each specific project:
Provided further, That
prior to approving such grants, the Secretary shall determine that the
Washington Metropolitan Area Transit Authority has placed the highest priority
on those investments that will improve the safety of the system:
Provided further, That
the Secretary, to ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1)(B) of Public Law 110–432 for fiscal years
2014 and 2015.
Public transportation emergency relief
program
For necessary expenses
to carry out 49 U.S.C. 5324, $15,000,000, to
remain available until expended.
Administrative provisions—federal transit
administration
(including rescission of
funds)
160. The limitations on obligations for the
programs of the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
161. Funds appropriated or limited by this Act
under the heading Fixed Guideway Capital Investment of the
Federal Transit Administration for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30, 2018, and other
recoveries, may be directed to any project eligible under 49 U.S.C.
5309.
162. Any funds appropriated before October 1,
2013, under any section of chapter 53 of title 49, United States Code, that
remain available for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
163. Hereafter, the Secretary may not enforce
regulations related to charter bus service under part 604 of title 49, Code of
Federal Regulations, for any transit agency who during fiscal year 2008 was
both initially granted a 60-day period to come into compliance with part 604,
and then was subsequently granted an exception from said part.
164. For purposes of applying the project
justification and local financial commitment criteria of 49 U.S.C. 5309(d) to a
New Starts project, the Secretary may consider the costs and ridership of any
connected project in an instance in which private parties are making
significant financial contributions to the construction of the connected
project; additionally, the Secretary may consider the significant financial
contributions of private parties to the connected project in calculating the
non-Federal share of net capital project costs for the New Starts
project.
165. Unobligated and recovered fiscal year 2010
through 2012 funds that were made available to carry out 49 U.S.C. 5339 shall
be available to carry out 49 U.S.C. 5309, as amended by Public Law 112–141,
subject to the terms and conditions required under such section.
166. New bus rapid transit projects recommended
in the President’s budget submission to the Congress of the United States for
funds appropriated under the heading Capital Investment
Grants in this Act shall be funded from
$93,269,369 in unobligated amounts that were
made available to carry out the discretionary bus and bus facilities program
under 49 U.S.C. 5309 in fiscal years 1999 through 2010:
Provided, That all such projects
shall remain subject to the Capital Investment Grants Program requirements of
49 U.S.C. 5309 for New Starts, Small Starts, or Core Capacity projects as
applicable.
167. Of the funds made available for the Formula
Grants program, as authorized by Public Law 97–424, as amended,
$63,465,775 are hereby permanently rescinded:
Provided, That of the funds made
available for the Formula Grants program, as authorized by Public Law 91–453,
as amended, $795,307 are hereby permanently
rescinded:
Provided further,
That of the funds made available for the Formula Grants program as authorized
by Public Law 95–599, as amended, $928,838 are
hereby permanently rescinded:
Provided further,
That of the funds made available for the University Transportation Research
program, as authorized by Public Law 91–453, as amended, and by Public Law
102–240, as amended, $511,130 are hereby
permanently rescinded:
Provided further,
That of the funds made available for the Job Access and Reverse Commute
program, as authorized by Public Law 105–178, as amended,
$14,989,839 are hereby permanently rescinded:
Provided further,
That of the funds made available for the Capital Investment Grants program, as
authorized by Public Law 105–178, as amended,
$11,429,055 are hereby permanently rescinded:
Provided further,
That of the funds made available for the Research, Training, and Human
Resources program, as authorized by Public Law 95–599, as amended,
$247,579 are hereby permanently rescinded:
Provided further,
That of the funds made available for the Interstate Transfer Grants program, as
authorized by 23 U.S.C. 103(e)(4), $2,687,207
are hereby permanently rescinded:
Provided further,
That of the funds made available for the Washington Metropolitan Area Transit
Authority, as authorized by section 14 of Public Law 96–184, as amended, and by
Public Law 101–551, as amended, $523,107 are
hereby permanently rescinded:
Provided further,
That of the funds made available for the Urban Discretionary Grants program, as
authorized by Public Law 88–365, as amended,
$578,353 are hereby permanently rescinded:
Provided further,
That no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Saint lawrence seaway development
corporation
The Saint Lawrence
Seaway Development Corporation is hereby authorized to make such expenditures,
within the limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current fiscal
year.
Operations and
maintenance
(harbor maintenance trust
fund)
For necessary expenses
to conduct the operations, maintenance, and capital asset renewal activities of
those portions of the St. Lawrence Seaway owned, operated, and maintained by
the Saint Lawrence Seaway Development Corporation,
$33,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law
99–662.
Maritime
administration
Maritime security program
For necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs of the
United States, $186,000,000, to remain available
until expended.
Operations and
training
For necessary expenses of operations and
training activities authorized by law,
$153,803,000, of which
$11,100,000 shall remain available until
expended for maintenance and repair of training ships at State Maritime
Academies, and of which $2,400,000 shall remain
available through September 30, 2015 for Student Incentive Program payments at
State Maritime Academies, and of which
$18,000,000 shall remain available until
expended for facilities maintenance and repair, equipment, and capital
improvements at the United State Merchant Marine Academy:
Provided, That amounts apportioned
for the United States Merchant Marine Academy shall be available only upon
allotments made personally by the Secretary of Transportation or the Assistant
Secretary for Budget and Programs:
Provided further, That
the Superintendent, Deputy Superintendent and the Director of the Office of
Resource Management of the United State Merchant Marine Academy may not be
allotment holders for the United States Merchant Marine Academy, and the
Administrator of the Maritime Administration shall hold all allotments made by
the Secretary of Transportation or the Assistant Secretary for Budget and
Programs under the previous proviso:
Provided further, That
50 percent of the funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the Secretary, in
consultation with the Superintendent and the Maritime Administrator, completes
a plan detailing by program or activity how such funding will be expended at
the Academy, and this plan is submitted to the House and Senate Committees on
Appropriations:
Provided further, That
the Committee directs the Administrator to submit a report to the
Appropriations Committee within 90 days of the date of enactment of this Act
detailing the current and future impacts of reductions in government impelled
cargo on the U.S. Merchant Marine as a result of changes to cargo preference
requirements included in the Moving Ahead for Progress in the 21st Century Act
(MAP–21), the historical reductions in the Public Law 480 Food for Peace
program, and the winding down of the wars in Iraq and Afghanistan:
Provided further, That
the Committee also directs the Secretary of Transportation and the
Administrator, in collaboration with the Department of Defense, to further
develop a national sealift strategy that ensures the long-term viability of the
U.S. Merchant Marine.
Ship disposal
For necessary expenses related to the
disposal of obsolete vessels in the National Defense Reserve Fleet of the
Maritime Administration, $4,800,000, to remain
available until expended.
Assistance to small shipyards
To make grants to qualified shipyards as
authorized under section 3508 of Public Law 110–417 or section 54101 of title
46, United States Code, $10,000,000, to remain
available until expended:
Provided, That to be considered for
assistance, a qualified shipyard shall submit an application for assistance no
later than 60 days after enactment of this Act:
Provided further, That
from applications submitted under the previous proviso, the Secretary of
Transportation shall make grants no later than 120 days after enactment of this
Act in such amounts as the Secretary determines.
Maritime guaranteed loan (title xi) program
account
(including transfer of funds)
For the cost of guaranteed loans, as
authorized, $38,500,000, of which
$35,000,000 shall remain available until
expended:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended:
Provided further, That
not to exceed $3,500,000 shall be available for
administrative expenses to carry out the guaranteed loan program, which shall
be transferred to and merged with the appropriations for Operations and
Training, Maritime Administration.
Administrative provision—maritime
administration
170. Notwithstanding any other provision of this
Act, the Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof:
Provided, That rental payments
under any such lease, contract, or occupancy for items other than such
utilities, services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and hazardous materials safety
administration
Operational
expenses
(pipeline safety
fund)
(including transfer of funds)
For necessary operational expenses of the
Pipeline and Hazardous Materials Safety Administration,
$21,654,000, of which
$639,000 shall be derived from the Pipeline
Safety Fund:
Provided, That
$1,500,000 shall be transferred to
Pipeline Safety in order to fund Pipeline Safety
Information Grants to Communities as authorized under section 60130 of
title 49, United States Code.
Hazardous materials safety
For expenses necessary to discharge the
hazardous materials safety functions of the Pipeline and Hazardous Materials
Safety Administration, $45,000,000, of which
$2,300,000 shall remain available until
September 30, 2016:
Provided, That up to
$800,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the Treasury as offsetting
receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training, for
reports publication and dissemination, and for travel incurred in performance
of hazardous materials exemptions and approvals
functions.
Pipeline
safety
(pipeline safety
fund)
(oil spill liability trust
fund)
(pipeline safety design review
fund)
For expenses necessary
to conduct the functions of the pipeline safety program, for grants-in-aid to
carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to
discharge the pipeline program responsibilities of the Oil Pollution Act of
1990, $151,427,000, of which
$18,573,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30, 2016; and
of which $130,854,000 shall be derived from the
Pipeline Safety Fund, of which $82,569,000 shall
remain available until September 30, 2016; and of which
$2,000,000, to remain available until expended,
shall be derived as provided in this Act from the Pipeline Safety Design Review
Fund, as established in the Pipeline Safety, Regulatory Certainty, and Job
Creation Act of 2011 (Public Law 112–90).
Emergency preparedness
grants
(emergency preparedness fund)
For necessary expenses to carry out 49
U.S.C. 5128(b), $188,000, to be derived from the
Emergency Preparedness Fund, to remain available until September 30, 2015:
Provided, That not more than
$28,318,000 shall be made available for
obligation in fiscal year 2014 from amounts made available by 49 U.S.C. 5116(i)
and 5128(b)–(c):
Provided further, That
none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c)
shall be made available for obligation by individuals other than the Secretary
of Transportation, or his designee.
Office of inspector
general
Salaries and expenses
For necessary expenses of the Office of the
Inspector General to carry out the provisions of the Inspector General Act of
1978, as amended, $86,605,000:
Provided, That the Inspector
General shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to
investigate allegations of fraud, including false statements to the government
(18 U.S.C. 1001), by any person or entity that is subject to regulation by the
Department:
Provided further, That
the funds made available under this heading may be used to investigate,
pursuant to section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by domestic and foreign
air carriers and ticket agents; and (2) the compliance of domestic and foreign
air carriers with respect to item (1) of this proviso:
Provided further, That
hereafter funds transferred to the Office of the Inspector General through
forfeiture proceedings or from the Department of Justice Assets Forfeiture Fund
or the Department of the Treasury Forfeiture Fund, as a participating agency,
as an equitable share from the forfeiture of property in investigations in
which the Office of Inspector General participates, or through the granting of
a Petition for Remission or Mitigation, shall be deposited to the credit of
this account for law enforcement activities authorized under the Inspector
General Act of 1978, as amended, to remain available until
expended.
Surface transportation
board
Salaries and expenses
For necessary expenses of the Surface
Transportation Board, including services authorized by 5 U.S.C. 3109,
$32,250,000:
Provided, That notwithstanding any
other provision of law, not to exceed $1,250,000
from fees established by the Chairman of the Surface Transportation Board shall
be credited to this appropriation as offsetting collections and used for
necessary and authorized expenses under this heading:
Provided further, That
the sum herein appropriated from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are received during
fiscal year 2013, to result in a final appropriation from the general fund
estimated at no more than
$31,000,000.
General provisions—Department of
transportation
180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating in
foreign countries on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901–5902).
181. Appropriations contained in this Act for
the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
182. None of the funds in this Act shall be
available for salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation:
Provided, That none of the
personnel covered by this provision may be assigned on temporary detail outside
the Department of Transportation.
183.
(a) No recipient of funds made available in
this Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18
U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the
Secretary shall not withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
184. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's Federal-Aid
Highways account, the Federal Transit Administration's Transit
Research Programs account, and to the Federal Railroad Administration's
Safety and Operations account, except for State rail safety
inspectors participating in training pursuant to 49 U.S.C. 20105.
185. None of the funds in this Act to the
Department of Transportation may be used to make a grant unless the Secretary
of Transportation notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project competitively selected to
receive a discretionary grant award, any discretionary grant award, letter of
intent, or full funding grant agreement is announced by the department or its
modal administrations from:
(1) any discretionary grant program of the
Federal Highway Administration including the emergency relief program;
(2) the airport improvement program of the
Federal Aviation Administration;
(3) any program of the Federal Railroad
Administration;
(4) any program of the Federal Transit
Administration other than the formula grants and fixed guideway modernization
programs; or
(5) any funding provided under the headings
National Infrastructure Investments and Assistance to
Small Shipyards in this Act:
Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any quick release of funds from the emergency
relief program:
Provided further,
That no notification shall involve funds that are not available for
obligation.
186. Rebates, refunds, incentive payments, minor
fees and other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building space, and
miscellaneous sources are to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available until
expended.
187. Amounts made available in this or any other
Act that the Secretary determines represent improper payments by the Department
of Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available—
(1) to reimburse the actual expenses incurred
by the Department of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in
recovering improper payments or contractor support in the implementation of the
Improper Payments Information Act of 2002:
Provided, That amounts in excess
of that required for paragraphs (1) and (2)—
(A) shall be credited to and merged with the
appropriation from which the improper payments were made, and shall be
available for the purposes and period for which such appropriations are
available:
Provided further,
That where specific project or accounting information associated with the
improper payment or payments is not readily available, the Secretary may credit
an appropriate account, which shall be available for the purposes and period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous receipts:
Provided further,
That prior to the transfer of any such recovery to an appropriations account,
the Secretary shall notify the House and Senate Committees on Appropriations of
the amount and reasons for such transfer:
Provided further,
That for purposes of this section, the term improper payments
has the same meaning as that provided in section 2(d)(2) of Public Law
107–300.
188. Notwithstanding any other provision of law,
if any funds provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate Committees
on Appropriations, transmission of said reprogramming notice shall be provided
solely to the Committees on Appropriations, and said reprogramming action shall
be approved or denied solely by the Committees on Appropriations:
Provided, That the Secretary may
provide notice to other congressional committees of the action of the
Committees on Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been approved or
denied by the House and Senate Committees on Appropriations.
189. None of the funds appropriated or otherwise
made available under this Act may be used by the Surface Transportation Board
of the Department of Transportation to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount in excess of the
amount authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for the costs
related to assessments or reimbursable agreements only when such amounts are
for the costs of goods and services that are purchased to provide a direct
benefit to the applicable modal administration or administrations.
191. The Secretary of Transportation is
authorized to carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit benefits authorized
under section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
This title may be cited as the
Department of Transportation
Appropriations Act, 2014.
II
Department of housing and urban
development
Management and
administration
Administration, operations, and
management
For necessary
salaries and expenses for administration, management and operations of the
Department of Housing and Urban Development,
$521,375,000, of which not to exceed
$3,810,000 shall be available for the immediate
Office of the Secretary; not to exceed
$1,290,000 shall be available for the Office of
the Deputy Secretary; not to exceed $1,760,000
shall be available for the Office of Adjudicatory Services; not to exceed
$745,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed
$48,300,000 shall be available for the Office of
the Chief Financial Officer; not to exceed
$94,510,000 shall be available for the Office of
the General Counsel; not to exceed $2,410,000
shall be available for the Office of Congressional and Intergovernmental
Relations; not to exceed $3,530,000 shall be
available for the Office of Public Affairs; not to exceed
$51,810,000 shall be available for the Office of
the Chief Human Capital Officer; not to exceed
$193,600,000 shall be available for the Office
of Administration; not to exceed $52,700,000
shall be available for the Office of Field Policy and Management; not to exceed
$17,360,000 shall be available for the Office of
the Chief Procurement Officer; not to exceed
$3,150,000 shall be available for the Office of
Departmental Equal Employment Opportunity; not to exceed
$1,400,000 shall be available for the Center for
Faith-Based and Neighborhood Partnerships; not to exceed
$5,000,000 shall be available for the Office of
Strategic Planning and Management; and not to exceed
$40,000,000 shall be available for the Office of
the Chief Information Officer:
Provided, That funds provided under
this heading may be used for necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development, not otherwise
provided for, including purchase of uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109:
Provided further, That
notwithstanding any other provision of law, funds appropriated under this
heading may be used for advertising and promotional activities that support the
housing mission area:
Provided further, That
the Secretary shall provide the Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That
the Secretary shall provide all signed reports required by Congress
electronically:
Provided further, That
not to exceed $25,000 of the amount made
available under this paragraph for the immediate Office of the Secretary shall
be available for official reception and representation expenses as the
Secretary may determine.
Program office salaries and
expenses
Public and indian housing
For necessary salaries and expenses of the
Office of Public and Indian Housing,
$212,000,000.
Community planning and
development
For necessary
salaries and expenses of the Office of Community Planning and Development,
$107,000,000.
Housing
For necessary salaries and expenses of the
Office of Housing, $390,000,000, of which at
least $8,000,000 shall be for the Office of Risk
and Regulatory Affairs.
Policy development and
research
For necessary
salaries and expenses of the Office of Policy Development and Research,
$23,000,000.
Fair housing and equal
opportunity
For necessary
salaries and expenses of the Office of Fair Housing and Equal Opportunity,
$75,000,000.
Office of healthy homes and lead hazard
control
For necessary salaries
and expenses of the Office of Healthy Homes and Lead Hazard Control,
$7,642,000.
Public and Indian
housing
Rental assistance
demonstration
For continuing
activities under the heading Rental Assistance Demonstration in
the Department of Housing and Urban Development Appropriations Act, 2012
(Public Law 112–55), and in accordance with guidance issued by the Secretary,
$10,000,000, to remain available through
September 30, 2017:
Provided, That such funds shall
only be available to properties converting from assistance under section 9 of
the United States Housing Act of 1937 (42 U.S.C.
1437g).
Tenant-based rental
assistance
For activities and assistance for the
provision of tenant-based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (the
Act herein), not otherwise provided for,
$15,592,216,000, to remain available until
expended, shall be available on October 1, 2013 (in addition to the
$4,000,000,000 previously appropriated under
this heading that became available on October 1, 2013), and
$4,000,000,000, to remain available until
expended, shall be available on October 1, 2014:
Provided, That the amounts made
available under this heading are provided as
follows:
(1) $17,568,278,000
shall be available for renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding
any other provision of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2014 funding cycle shall provide
renewal funding for each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior calendar year and
by applying an inflation factor as established by the Secretary, by notice
published in the Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers under this
paragraph including tenant protection and HOPE VI vouchers:
Provided further,
That in determining calendar year 2014 funding allocation under this heading
for public housing agencies, including agencies participating in the Moving To
Work (MTW) demonstration, the Secretary may take into account the anticipated
impact of changes in targeting and utility allowances, to public housing
agencies' contract renewal needs:
Provided further,
That none of the funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a public housing agency's
authorized level of units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further,
That the Secretary shall, to the extent necessary to stay within the amount
specified under this paragraph, pro rate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further,
That except as provided in the following provisos, the entire amount specified
under this paragraph shall be obligated to the public housing agencies based on
the allocation and pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the latter of 60 days
after enactment of this Act or March 1, 2014:
Provided further,
That the Secretary may extend the notification period with the prior written
approval of the House and Senate Committees on Appropriations:
Provided further,
That public housing agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements and shall be subject to the same pro
rata adjustments under the previous provisos:
Provided further,
That up to $50,000,000 shall be available only:
(1) for adjustments in the allocations for public housing agencies, after
application for an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from portability under
section 8(r) of the Act; (2) for vouchers that were not in use during the
12-month period in order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act; (3) for adjustments for costs associated with
HUD-Veterans Affairs Supportive Housing (HUD–VASH) vouchers; and (4) for public
housing agencies that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding:
Provided further,
That the Secretary shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $150,000,000
shall be for section 8 rental assistance for relocation and replacement of
housing units that are demolished or disposed of pursuant to section 18 of the
Act, conversion of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such assistance under
section 8(t) of the Act, HOPE VI and Choice Neighborhood vouchers, mandatory
and voluntary conversions, and tenant protection assistance including
replacement and relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants currently residing in
section 202 properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106–569, as amended, or under the authority as provided
under this Act:
Provided, That when a public
housing development is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental assistance when the
units pose an imminent health and safety risk to residents:
Provided further,
That the Secretary may only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $1,685,374,000
shall be for administrative and other expenses of public housing agencies in
administering the section 8 tenant-based rental assistance program, of which up
to $15,000,000 shall be available to the
Secretary to allocate to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated with section 8
tenant protection rental assistance, the administration of disaster related
vouchers, Veterans Affairs Supportive Housing vouchers, and other special
purpose incremental vouchers:
Provided, That no less than
$1,670,374,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the calendar year
2014 funding cycle based on section 8(q) of the Act (and related Appropriation
Act provisions) as in effect immediately before the enactment of the Quality
Housing and Work Responsibility Act of 1998 (Public Law 105–276):
Provided further,
That if the amounts made available under this paragraph are insufficient to pay
the amounts determined under the previous proviso, the Secretary may decrease
the amounts allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the extent necessary
to provide full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and carryovers, remaining
from funds appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, notwithstanding the purposes for
which such amounts were appropriated:
Provided further,
That all public housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements, and shall be subject to the same
uniform percentage decrease as under the previous proviso:
Provided further,
That amounts provided under this paragraph shall be only for activities related
to the provision of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $110,564,000
for the renewal of tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), including
necessary administrative expenses;
(5) $78,000,000
for incremental rental voucher assistance for use through a supported housing
program administered in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing Act of 1937:
Provided, That the Secretary of
Housing and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers or other
entities as designated by the Secretary of the Department of Veterans Affairs,
based on geographical need for such assistance as identified by the Secretary
of the Department of Veterans Affairs, public housing agency administrative
performance, and other factors as specified by the Secretary of Housing and
Urban Development in consultation with the Secretary of the Department of
Veterans Affairs:
Provided further,
That the Secretary of Housing and Urban Development may waive, or specify
alternative requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery and
administration of such voucher assistance:
Provided further,
That up to $3,000,000 of the amounts provided
under this paragraph shall be for a rental assistance and supportive housing
demonstration program for Native American veterans that are homeless or at-risk
of homelessness living on or near a reservation or other Indian areas:
Provided further,
That such demonstration program shall be modeled after, with necessary and
appropriate adjustments for Native American grant recipients and veterans, the
rental assistance and supportive housing program funded under this paragraph,
including administration in conjunction with the Department of Veterans Affairs
and overall implementation of section 8(o)(19) of the Act:
Provided further,
That amounts for rental assistance and associated administrative costs shall be
made available by grants to recipients eligible to receive block grants under
the Native American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. § 4101 et seq.):
Provided further,
That funds shall be awarded based on need, administrative capacity, and any
other funding criteria established by the Secretary in a Notice published in
the Federal Register after coordination with the Secretary of the Department of
Veterans Affairs within 180 days of enactment of this Act:
Provided further,
That such rental assistance shall be administered by block grant recipients in
accordance with program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996:
Provided further,
That the second and third provisos under this paragraph shall apply to use of
funds made available for this demonstration, as appropriate:
Provided further,
That the Secretary, in coordination with the Secretary of the Department of
Veterans Affairs, shall coordinate with block grant recipients and any other
appropriate tribal organizations on the design of such demonstration and shall
ensure the effective delivery of supportive services to Native American
veterans that are homeless or at-risk of homelessness eligible to receive
assistance under this demonstration:
Provided further,
That grant recipients shall report to the Secretary, as prescribed by the
Secretary, utilization of such rental assistance provided under this
demonstration:
Provided further,
That assistance made available under this paragraph shall continue to remain
available for homeless veterans upon turn-over; and
(6) The Secretary shall separately track all
special purpose vouchers funded under this heading.
Housing certificate
fund
(includes
rescissions)
Unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading Annual
Contributions for Assisted Housing and the heading Project-Based
Rental Assistance, for fiscal year 2014 and prior years may be used for
renewal of or amendments to section 8 project-based contracts and for
performance-based contract administrators, notwithstanding the purposes for
which such funds were appropriated:
Provided, That any obligated
balances of contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded:
Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth under this heading,
in addition to amounts otherwise available.
Public housing capital
fund
For the Public Housing Capital Fund Program
to carry out capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the Act) $2,000,000,000,
to remain available until September 30, 2017:
Provided, That notwithstanding any
other provision of law or regulation, during fiscal year 2014 the Secretary of
Housing and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section:
Provided further, That
for purposes of such section 9(j), the term obligate means, with
respect to amounts, that the amounts are subject to a binding agreement that
will result in outlays, immediately or in the future:
Provided further, That
up to $8,000,000 shall be to support the ongoing
Public Housing Financial and Physical Assessment activities of the Real Estate
Assessment Center (REAC):
Provided further, That
of the total amount provided under this heading, not to exceed
$20,000,000 shall be available for the Secretary
to make grants, notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs including safety and security measures
necessary to address crime and drug-related activity as well as needs resulting
from unforeseen or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under the Robert T.
Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2014:
Provided further, That
of the total amount provided under this heading
$50,000,000 shall be for supportive services,
service coordinator and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z–6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.):
Provided further, That
of the total amount made available under this heading, up to
$15,000,000 may be used for incentives as part
of a Jobs-Plus Pilot initiative modeled after the Jobs-Plus demonstration:
Provided further, That
the funding provided under the previous proviso shall provide competitive
grants to partnerships between public housing authorities, local workforce
investment boards established under section 117 of the Workforce Investment Act
of 1998, and other agencies and organizations that provide support to help
public housing residents obtain employment and increase earnings:
Provided further, That
applicants must demonstrate the ability to provide services to residents,
partner with workforce investments boards, and leverage service dollars:
Provided further, That
the Secretary may set aside a portion of the funds provided for the Resident
Opportunity and Self-Sufficiency program to support the services element of the
Jobs Plus Initiative Pilot:
Provided further, That
the Secretary may allow PHAs to request exemptions from rent and income
limitation requirements under sections 3 and 6 of the United States Housing Act
of 1937 as necessary to implement the Jobs-Plus program, on such terms and
conditions as the Secretary may approve upon a finding by the Secretary that
any such waivers or alternative requirements are necessary for the effective
implementation of the Jobs-Plus Pilot initiative as a voluntary program for
residents:
Provided further, That
the Secretary shall publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding proviso no later than 10
days before the effective date of such notice:
Provided further, That
from the funds made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2014 to public housing agencies that are designated
high performers.
Public housing operating
fund
For 2014 payments to public housing agencies
for the operation and management of public housing, as authorized by section
9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,600,000,000:
Provided, That in determining
public housing agencies', including Moving to Work agencies', calendar year
2014 funding allocations under this heading, the Secretary shall take into
account the impact of changes to flat rents on public housing agencies' formula
income levels.
Choice neighborhoods
For competitive grants under the Choice
Neighborhoods Initiative (subject to section 24 of the United States Housing
Act of 1937 (42 U.S.C. 1437v), unless otherwise specified under this heading),
for transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of poverty into
functioning, sustainable mixed income neighborhoods with appropriate services,
schools, public assets, transportation and access to jobs,
$250,000,000, to remain available until
September 30, 2016:
Provided, That grant funds may be
used for resident and community services, community development, and affordable
housing needs in the community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided
further, That the use of funds made available under this
heading shall not be deemed to be public housing notwithstanding section
3(b)(1) of such Act: Provided
further, That grantees shall commit to an additional period
of affordability determined by the Secretary of not fewer than 20 years:
Provided further, That
grantees shall undertake comprehensive local planning with input from residents
and the community, and that grantees shall provide a match in State, local,
other Federal or private funds:
Provided further, That
grantees may include local governments, tribal entities, public housing
authorities, and nonprofits:
Provided further, That
for-profit developers may apply jointly with a public entity:
Provided further, That
of the amount provided, not less than
$165,000,000 shall be awarded to public housing
authorities:
Provided further, That
such grantees shall create partnerships with other local organizations
including assisted housing owners, service agencies, and resident
organizations:
Provided further, That
the Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce, the
Attorney General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That
no more than $5,000,000 of funds made available
under this heading may be provided to assist communities in developing
comprehensive strategies for implementing this program or implementing other
revitalization efforts in conjunction with community notice and input:
Provided further, That
the Secretary shall develop and publish guidelines for the use of such
competitive funds, including but not limited to eligible activities, program
requirements, and performance metrics.
Family self-sufficiency
For the Family Self-Sufficiency program to
support family self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act with
public and private resources, and enable eligible families to achieve economic
independence and self-sufficiency, $75,000,000:
Provided, That the Secretary may,
by Federal Register notice, waive or specify alternative requirements (except
for requirements related to fair housing, nondiscrimination, labor standards,
and the environment) for any provision of section 23 of such Act in order to
better fulfill the purposes of section 23 of such Act, as determined by the
Secretary.
Native american housing block
grant
For the Native American
Housing Block Grant program, as authorized under title I of the Native American
Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
et seq.), $675,000,000, to remain available
until September 30, 2018:
Provided, That, notwithstanding the
Native American Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under section 302 of such
Act with the need component based on single-race census data and with the need
component based on multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting allocation amounts:
Provided further, That
of the amounts made available under this heading,
$4,000,000 shall be contracted for assistance
for a national organization representing Native American housing interests for
providing training and technical assistance to Indian housing authorities and
tribally designated housing entities as authorized under NAHASDA (25 U.S.C.
4212); and $2,000,000 shall be to support the
inspection of Indian housing units, contract expertise, training, and technical
assistance in the training, oversight, and management of such Indian housing
and tenant-based assistance, including up to
$300,000 for related travel:
Provided further, That
of the amount provided under this heading,
$2,000,000 shall be made available for the cost
of guaranteed notes and other obligations, as authorized by title VI of
NAHASDA:
Provided further, That
such costs, including the costs of modifying such notes and other obligations,
shall be as defined in section 502 of the Congressional Budget Act of 1974, as
amended:
Provided further, That
these funds are available to subsidize the total principal amount of any notes
and other obligations, any part of which is to be guaranteed, not to exceed
$16,530,000:
Provided further, That
the Department will notify grantees of their formula allocation within 60 days
of the date of enactment of this Act.
Native hawaiian housing block
grant
For the Native Hawaiian
Housing Block Grant program, as authorized under title VIII of the Native
American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $13,000,000, to remain available until
expended:
Provided, That of this amount,
$300,000 shall be for training and technical
assistance activities, including up to $100,000
for related travel by Hawaii-based employees of the Department of Housing and
Urban Development.
Indian housing loan guarantee fund program
account
For the cost of
guaranteed loans, as authorized by section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z–13a),
$6,000,000, to remain available until expended:
Provided, That such costs,
including the costs of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed, up to $1,818,000,000, to
remain available until expended:
Provided further, That
up to $750,000 of this amount may be for
administrative contract expenses including management processes and systems to
carry out the loan guarantee program.
Native hawaiian housing loan guarantee fund
program account
For the cost
of guaranteed loans, as authorized by section 184A of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z–13b) and for such costs for loans used
for refinancing, $385,000, to remain available
until expended:
Provided, That such costs,
including the costs of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed, up to $41,500,000 to remain
available until expended.
Community planning and
development
Housing opportunities for persons with
aids
For carrying out the Housing Opportunities
for Persons with AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $332,000,000, to
remain available until September 30, 2015, except that amounts allocated
pursuant to section 854(c)(3) of such Act shall remain available until
September 30, 2016:
Provided, That the Secretary shall
renew all expiring contracts for permanent supportive housing that were funded
under section 854(c)(3) of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized under this section:
Provided further, That
the Department will notify grantees of their formula allocation within 60 days
of the date of enactment of this Act.
Community development
fund
For assistance to units of State and local
government, and to other entities, for economic and community development
activities, and for other purposes,
$3,295,000,000, to remain available until
September 30, 2016, unless otherwise specified:
Provided, That of the total amount
provided, $3,150,000,000 is for carrying out the
community development block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the Act herein)
(42 U.S.C. 5301 et seq.):
Provided further, That
unless explicitly provided for under this heading not to exceed 20 percent of
any grant made with funds appropriated under this heading shall be expended for
planning and management development and administration:
Provided further, That
a metropolitan city, urban county, unit of general local government, or Indian
tribe, or insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion of such
funds to another such entity in exchange for any other funds, credits or
non-Federal considerations, but must use such funds for activities eligible
under title I of the Act:
Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds provided under this
heading may be provided to a for-profit entity for an economic development
project under section 105(a)(17) unless such project has been evaluated and
selected in accordance with guidelines required under subparagraph (e)(2):
Provided further, That
the Department shall notify grantees of their formula allocation within 60 days
of enactment of this Act:
Provided further, That
$70,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any
other provision of law (including section 204 of this Act), up to
$3,960,000 may be used for emergencies that
constitute imminent threats to health and safety:
Provided further, That
of the amounts made available under the previous proviso,
$10,000,000 shall be for grants for mold
remediation and prevention that shall be awarded through one national
competition to Native American tribes with the greatest
need.
Of the amounts made available under this
heading, $75,000,000 shall be made available for
Integrated Planning and Investment Grants to support local and regional public
investment plans and implementation efforts that align public and private
investments in development and infrastructure to better attract businesses and
improve quality of life, modernize zoning and building codes, reduce barriers
to achieve affordable and economically vital communities, attract private
capital to community revitalization efforts, and sponsor community engagement
efforts:
Provided, That not less than
$18,750,000 of the funding made available under
this heading shall be awarded to metropolitan areas of less than 500,000:
Provided further, That
the Secretary will consult with the Secretary of Transportation and the heads
of other relevant agencies in evaluating grant proposals awarded under this
paragraph.
Community development loan guarantees
program account
Subject to
section 502 of the Congressional Budget Act of 1974, during fiscal year 2014
commitments to guarantee loans under section 108 of the Housing and Community
Development Act of 1974, any part of which is guaranteed, shall not exceed a
total principal amount of $500,000,000,
notwithstanding any aggregate limitation on outstanding obligations guaranteed
in subsection (k) of such section 108:
Provided, That the Secretary shall
collect fees from borrowers, notwithstanding subsection (m) of such section
108, to result in a credit subsidy cost of zero, and such fees shall be
collected in accordance with section 502(7) of the Congressional Budget Act of
1974.
Home investment partnerships
program
For the HOME investment partnerships
program, as authorized under title II of the Cranston-Gonzalez National
Affordable Housing Act, as amended,
$1,000,000,000, to remain available until
September 30, 2016:
Provided, That notwithstanding the
amount made available under this heading, the threshold reduction requirements
in sections 216(10) and 217(b)(4) of such Act shall not apply to allocations of
such amount:
Provided further, That
funds made available under this heading used for projects not completed within
4 years of the commitment date, as determined by a signature of each party to
the agreement, shall be repaid:
Provided further, That
the Secretary may extend the deadline for 1 year if the Secretary determines
that the failure to complete the project is beyond the control of the
participating jurisdiction:
Provided further, That
no funds provided under this heading may be committed to any project included
as part of a participating jurisdiction's plan under section 105(b), unless
each participating jurisdiction certifies that it has conducted an underwriting
review, assessed developer capacity and fiscal soundness, and examined
neighborhood market conditions to ensure adequate need for each
project: Provided further,
That any homeownership units funded under this heading which cannot be sold to
an eligible homeowner within 6 months of project completion shall be rented to
an eligible tenant: Provided
further, That no funds provided under this heading may be
awarded for development activities to a community housing development
organization that cannot demonstrate that it has staff with demonstrated
development experience:
Provided further, That
funds provided in prior appropriations Acts for technical assistance, that were
made available for Community Housing Development Organizations technical
assistance, and that still remain available, may be used for HOME technical
assistance notwithstanding the purposes for which such amounts were
appropriated:
Provided further, That
the Department shall notify grantees of their formula allocation within 60 days
of enactment of this Act.
Self-help and assisted homeownership
opportunity program
For the
Self-Help and Assisted Homeownership Opportunity Program, as authorized under
section 11 of the Housing Opportunity Program Extension Act of 1996, as
amended, $53,500,000, to remain available until
September 30, 2017:
Provided, That of the total amount
provided under this heading, $13,500,000 shall
be made available to the Self-Help and Assisted Homeownership Opportunity
Program as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended:
Provided further, That
$35,000,000 shall be made available for the
second, third and fourth capacity building activities authorized under section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 may be made available for
rural capacity-building activities:
Provided further, That
$5,000,000 shall be made available for
capacity-building activities by national rural organizations with experience
assessing national rural conditions and providing financing, training,
technical assistance, and research to local nonprofit organizations, local
governments, and Indian tribes serving high-need rural
communities.
Homeless assistance
grants
(including transfer of
funds)
For the emergency
solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the continuum of care program as authorized under
subtitle C of title IV of such Act; and the
rural housing
stability assistance program as authorized under
subtitle D of title IV of such Act,
$2,261,190,000, to remain available until
September 30, 2016:
Provided, That any rental
assistance amounts that are recaptured under such continuum of care program
shall remain available until expended: Provided
further, That not less than
$336,000,000 of the funds appropriated under
this heading shall be available for such emergency solutions grants program of
which $50,000,000 shall be for rapid re-housing
for high need communities, as determined by the Secretary:
Provided further, That
not less than $1,910,000,000 of the funds
appropriated under this heading shall be available for such continuum of care
and rural housing stability assistance programs:Provided further, That up to
$7,000,000 of the funds appropriated under this
heading shall be available for the national homeless data analysis project:
Provided further, That
all funds awarded for supportive services under the continuum of care program
and the rural housing stability assistance program shall be matched by not less
than 25 percent in cash or in kind by each grantee:
Provided further, That
for all match requirements applicable to funds made available under this
heading for this fiscal year and prior years, a grantee may use (or could have
used) as a source of match funds other funds administered by the Secretary and
other Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds:
Provided further, That
the Secretary may renew on an annual basis expiring contracts or amendments to
contracts funded under the continuum of care program if the program is
determined to be needed under the applicable continuum of care and meets
appropriate program requirements, performance measures, and financial
standards, as determined by the Secretary:
Provided further, That
all awards of assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social services, and
employment programs for which homeless populations may be eligible, including
Medicaid, State Children's Health Insurance Program, Temporary Assistance for
Needy Families, Food Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work
grant program:
Provided further, That
all balances for Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account shall be available,
if recaptured, for continuum of care renewals in fiscal year 2014:
Provided further, That
with respect to funds provided under this heading for the continuum of care
program for fiscal years 2012 and 2013, provision of permanent housing rental
assistance may be administered by private nonprofit organizations:
Provided further, That
not later than 180 days after awarding fiscal year 2013 funds described in the
previous proviso to private nonprofit organizations, the Secretary of Housing
and Urban Development shall submit to the House and Senate Committees on
Appropriations, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs a report that includes a
review of the history of and need for the authority provided in the previous
proviso, the number and geographic distribution of persons assisted under such
actions, an analysis of the effectiveness, advantages, and disadvantages of the
authority under the previous proviso and such other information as may be
necessary to assess the ongoing need for such authority:
Provided further, That
the Department shall notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts allocated) for the
emergency solutions grant program within 60 days of enactment of this
Act.
Housing
programs
Project-based rental
assistance
For activities and assistance for the
provision of project-based subsidy contracts under the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) (the Act), not otherwise
provided for, $10,372,000,000, to remain
available until expended, shall be available on October 1, 2013 (in addition to
the $400,000,000 previously appropriated under
this heading that became available October 1, 2013), and
$400,000,000, to remain available until
expended, shall be available on October 1, 2014:
Provided, That the amounts made
available under this heading shall be available for expiring or terminating
section 8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under the Emergency
Low Income Housing Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance funded
under this paragraph:
Provided further, That
of the total amounts provided under this heading, not to exceed
$265,000,000 shall be available for assistance
agreements with performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further,
That the Secretary of Housing and Urban Development may also use such amounts
in the previous proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section 236(a) of
the National Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s); section 236(f)(2) rental assistance payments (12 U.S.C.
1715z–1(f)(2)); project rental assistance contracts for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667):
Provided further, That
amounts recaptured under this heading, the heading Annual Contributions
for Assisted Housing, or the heading Housing Certificate
Fund, may be used for renewals of or amendments to section 8
project-based contracts or for performance-based contract administrators,
notwithstanding the purposes for which such amounts were appropriated:
Provided further,
That, notwithstanding any other provision of law, upon the request of the
Secretary of Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a section 8 project-based
Housing Assistance Payments contract that authorizes HUD to require that
surplus project funds be deposited in an interest-bearing residual receipts
account and that are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account, to be
available until expended:
Provided further, That
amounts deposited pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for uses authorized
under this heading.
Housing for the elderly
For amendments to capital advance contracts
for housing for the elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the elderly under
section 202(c)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up to a
1-year term, and for senior preservation rental assistance contracts, as
authorized by section 811(e) of the American Housing and Economic Opportunity
Act of 2000, as amended, and for supportive services associated with the
housing, $400,000,000 to remain available until
September 30, 2017:
Provided, That of the amount
provided under this heading, up to $70,000,000
shall be for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects:
Provided further, That
amounts under this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section 202
projects:
Provided further, That
the Secretary may waive the provisions of section 202 governing the terms and
conditions of project rental assistance, except that the initial contract term
for such assistance shall not exceed 5 years in duration:
Provided further, That
upon the request of the Secretary of the Housing and Urban Development, project
funds that are held in residual receipts accounts for any project subject to a
section 202 project rental assistance contract, and that upon termination of
such contract are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account, to be
available until expended:
Provided further, That
amounts deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading and, together with such funds, may be
used by the Secretary for demonstration programs to test housing with services
models for the elderly that demonstrate the potential to delay or avoid the
need for nursing home care:
Provided further, That
unobligated balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading may be used for the current
purposes authorized under this heading, notwithstanding the purposes for which
such funds were originally appropriated.
Housing for persons with
disabilities
For amendments to capital advance contracts
for supportive housing for persons with disabilities, as authorized by section
811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
for project rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public Law
86–372; 73 Stat. 667), including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up to a 1-year term,
for project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services associated
with the housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $126,000,000 to remain
available until September 30, 2017:
Provided, That amounts made
available under this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities associated with section
811 Projects:
Provided further,
That, in this fiscal year and hereafter, upon the request of the Secretary of
Housing and Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 811 project rental assistance
contract and that upon termination of such contract are in excess of an amount
to be determined by the Secretary shall be remitted to the Department and
deposited in this account, to be available until expended:
Provided further, That
amounts deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading:
Provided further, That
unobligated balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading may be used for the current
purposes authorized under this heading notwithstanding the purposes for which
such funds originally were appropriated.
Housing counseling assistance
For contracts, grants, and other assistance
excluding loans, as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended,
$55,000,000, including up to
$4,500,000 for administrative contract services:
Provided, That grants made
available from amounts provided under this heading shall be awarded within 120
days of enactment of this Act:
Provided further, That
funds shall be used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to property maintenance,
financial management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor
training.
Other assisted housing
programs
Rental housing assistance
For amendments to contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and
section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in
State-aided, noninsured rental housing projects,
$21,000,000, to remain available until
expended.
Rent
supplement
(includes rescissions)
Of the amounts recaptured from terminated
contracts under section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act (12 U.S.C.
1715z–1) $3,500,000 are rescinded:
Provided, That no amounts may be
cancelled from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
Payment to manufactured housing fees trust
fund
For necessary expenses as
authorized by the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401 et seq.), up to
$7,530,000, to remain available until expended,
of which $6,530,000 which is to be derived from
the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the
total amount appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act:
Provided further, That
the amount made available under this heading from the general fund shall be
reduced as such collections are received during fiscal year 2014 so as to
result in a final fiscal year 2014 appropriation from the general fund
estimated at not more than $1,000,000 and fees
pursuant to such section 620 shall be modified as necessary to ensure such a
final fiscal year 2014 appropriation:
Provided further, That
for the dispute resolution and installation programs, the Secretary of Housing
and Urban Development may assess and collect fees from any program participant:
Provided further, That
such collections shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees collected under
section 620, for necessary expenses of such Act:
Provided further,
That, notwithstanding the requirements of section 620 of such Act, the
Secretary may carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid directly by the
recipients of their services.
Federal housing
administration
Mutual mortgage insurance program
account
(including transfer of funds)
New commitments to guarantee single
family loans insured under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until
September 30, 2015:
Provided, That during fiscal year
2014, obligations to make direct loans to carry out the purposes of section
204(g) of the National Housing Act, as amended, shall not exceed
$20,000,000:
Provided further, That
the foregoing amount in the previous proviso shall be for loans to nonprofit
and governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund. For administrative contract expenses of the Federal
Housing Administration,
$198,500,000, to remain available until
September 30, 2015, of which up to $71,500,000
may be transferred to and merged with the Information Technology Fund:
Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2014, an
additional $1,400 for administrative contract
expenses shall be available for each $1,000,000
in additional guaranteed loan commitments (including a pro rata amount for any
amount below $1,000,000), but in no case shall
funds made available by this proviso exceed
$30,000,000.
General and special risk program
account
New commitments to
guarantee loans insured under the General and Special Risk Insurance Funds, as
authorized by sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z–3 and 1735c), shall not exceed
$30,000,000,000 in total loan principal, any
part of which is to be guaranteed, to remain available until September 30,
2015:
Provided, That during fiscal year
2014 gross obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $20,000,000, which shall be for loans
to nonprofit and governmental entities in connection with the sale of
single
family real
properties owned by the Secretary and formerly insured under such
Act.
Government national mortgage
association
Guarantees of mortgage-backed securities
loan guarantee program account
New commitments to issue guarantees to carry
out the purposes of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until
September 30, 2015:
Provided, That
$21,200,000 shall be available for necessary
salaries and expenses of the Office of Government National Mortgage
Association:
Provided further, That
to the extent that guaranteed loan commitments will and do exceed
$155,000,000,000 on or before April 1, 2014, an
additional $100 for necessary salaries and
expenses shall be available until expended for each
$1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made
available by this proviso exceed $3,000,000:
Provided further, That
receipts from Commitment and Multiclass fees collected pursuant to title III of
the National Housing Act, as amended, shall be credited as offsetting
collections to this account.
Policy development and
research
Research and technology
For contracts, grants, and necessary
expenses of programs of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban Development
under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$48,000,000, to remain available until September
30, 2015:
Provided, That with respect to
amounts made available under this heading, notwithstanding section 204 of this
title, the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, or State or local governments
and their agencies for research projects:
Provided further, That
with respect to the previous proviso, such partners to the cooperative
agreements must contribute at least a 50 percent match toward the cost of the
project:
Provided further, That
for non-competitive agreements entered into in accordance with the previous two
provisos, the Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109–282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) with respect to documentation of award
decisions.
Fair housing and equal
opportunity
Fair housing activities
For contracts, grants, and other assistance,
not otherwise provided for, as authorized by title VIII of the Civil Rights Act
of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561
of the Housing and Community Development Act of 1987, as amended,
$70,000,000, to remain available until September
30, 2015, of which $44,100,000 shall be to carry
out activities pursuant to such section 561:
Provided, That notwithstanding 31
U.S.C. 3302, the Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to provide such
training:
Provided further, That
no funds made available under this heading shall be used to lobby the executive
or legislative branches of the Federal Government in connection with a specific
contract, grant or loan:
Provided further, That
of the funds made available under this heading,
$300,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion of translated
materials and other programs that support the assistance of persons with
limited English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of healthy homes and lead hazard
control
Lead hazard reduction
For the Lead Hazard Reduction Program, as
authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $120,000,000, to remain available
until September 30, 2015:
Provided, That up to
$25,000,000 of that amount shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include research, studies, testing,
and demonstration efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related diseases and hazards:
Provided further, That
for purposes of environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of the law
that further the purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program under this heading or under
prior appropriations Acts for such purposes under this heading, shall be
considered to be funds for a special project for purposes of section 305(c) of
the Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That
of the total amount made available under this heading,
$45,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement needs:
Provided further, That
each recipient of funds provided under the second proviso shall make a matching
contribution in an amount not less than 25 percent:
Provided further, That
each applicant shall certify adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to a notice of
funding availability:
Provided further, That
amounts made available under this heading in this or prior appropriations Acts,
and that still remain available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if a
program competition is undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology
fund
(including transfer of funds)
For additional capital for the Working
Capital Fund (42 U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide and program-specific information technology
systems, for the continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-related maintenance
activities, $210,000,000, of which
$164,960,000 shall remain available until
September 30, 2015, and of which $45,040,000
shall remain available until September 30, 2016 for Development Modernization
and Enhancement:
Provided, That any amounts
transferred to this Fund under this Act shall remain available until expended:
Provided further, That
any amounts transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified under this
Fund, in addition to any other information technology the purposes for which
such amounts were appropriated:
Provided further, That
not more than 40 percent of the funds made available under this heading for
Development, Modernization and Enhancement, including development and
deployment of a Next Generation Management System and development and
deployment of modernized Federal Housing Administration systems may be
obligated until the Secretary submits to the Committees on Appropriations and
the Comptroller General of the United States a plan for expenditure that—(A)
provides for all IT investments: (i) the cost and schedule baselines with
explanations for each associated variance, (ii) the status of functional and
performance capabilities delivered or planned to be delivered, and (iii)
mitigation strategies to address identified risks; (B) outlines activities to
ensure strategic, consistent, and effective application of IT management
controls: (i) enterprise architecture, (ii) project management, (iii)
investment management, and (iv) human capital
management.
Office of inspector general
For necessary salaries and expenses of the
Office of Inspector General in carrying out the Inspector General Act of 1978,
as amended, $127,000,000:
Provided, That the Inspector
General shall have independent authority over all personnel issues within this
office.
Transformation
Initiative
(including transfer of funds)
Of the amounts made available in this Act
under each of the following headings under this title, the Secretary may
transfer to, and merge with, this account up to 0.5 percent from each such
account, and such transferred amounts shall be available until September 30,
2016, for (1) research, evaluation, and program metrics; (2) program
demonstrations; and (3) technical assistance and capacity building:
Choice Neighborhoods Initiative, Community Development
Fund, Fair Housing Activities, Family
Self-Sufficiency, HOME Investment Partnerships Program,
Self-Help and Assisted Homeownership Opportunity Program,
Homeless Assistance Grants, Housing Counseling
Assistance, Housing for Persons with Disabilities,
Housing for the Elderly, Housing Opportunities for
Persons with AIDS, Lead Hazard Reduction, Mutual
Mortgage Insurance Program Account, Native American Housing
Block Grants, Native Hawaiian Housing Block Grant,
Project-Based Rental Assistance, Public Housing Capital
Fund, Public Housing Operating Fund, Rental
Assistance Demonstration, Rental Housing Assistance, and
Tenant-Based Rental Assistance:
Provided, That the Secretary may
not transfer more than $60,000,000 to this
account under the authority provided in the previous proviso:
Provided further, That
any such amounts, or portion thereof, transferred to this account, may be
transferred back to be merged with any such other account and to be available
for the same purpose and same time period as provided under this Act:
Provided further, That
with respect to amounts made available under this heading for research,
evaluation and program metrics or program demonstrations, notwithstanding
section 204 of this title, the Secretary may enter into cooperative agreements
funded with philanthropic entities, other Federal agencies, or State or local
governments and their agencies for research projects:
Provided further, That
with respect to the previous proviso, such partners to the cooperative
agreements must contribute at least a 50 percent match toward the cost of the
project.
General provisions—Department of housing
and urban development
(including transfer of
funds)
201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988
(42 U.S.C. 1437 note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority or cash
recaptured and not rescinded or remitted to the Treasury shall be used by State
housing finance agencies or local governments or local housing agencies with
projects approved by the Secretary of Housing and Urban Development for which
settlement occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15 percent
of the budget authority or cash recaptured and not rescinded or remitted to the
Treasury to provide project owners with incentives to refinance their project
at a lower interest rate.
202. None of the amounts made available under
this Act may be used during fiscal year 2014 to investigate or prosecute under
the Fair Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal action,
that is engaged in solely for the purpose of achieving or preventing action by
a Government official or entity, or a court of competent jurisdiction.
203. Sections 203 and 209 of division C of
Public Law 112–55 (125 Stat. 693–694) shall apply during fiscal year 2014 as if
such sections were included in this title, except that during such fiscal year
such sections shall be applied by substituting fiscal year 2014
for fiscal year 2011 and fiscal year 2012 each
place such terms appear.
204. Except as explicitly provided in law, any
grant, cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with section
102 of the Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545).
205. Funds of the Department of Housing and
Urban Development subject to the Government Corporation Control Act or section
402 of the Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract or fee
basis, and for utilizing and making payment for services and facilities of the
Federal National Mortgage Association, Government National Mortgage
Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank,
Federal Reserve banks or any member thereof, Federal Home Loan banks, and any
insured bank within the meaning of the Federal Deposit Insurance Corporation
Act, as amended (12 U.S.C. 1811–1).
206. Unless otherwise provided for in this Act
or through a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget estimates
submitted to Congress.
207. Corporations and agencies of the Department
of Housing and Urban Development which are subject to the Government
Corporation Control Act are hereby authorized to make such expenditures, within
the limits of funds and borrowing authority available to each such corporation
or agency and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as provided by section
104 of such Act as may be necessary in carrying out the programs set forth in
the budget for 2014 for such corporation or agency except as hereinafter
provided:
Provided, That collections of
these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans or
mortgage purchases are necessary to protect the financial interest of the
United States Government.
208. The Secretary of Housing and Urban
Development shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recaptured and excess
funds in each program and activity within the jurisdiction of the Department
and shall submit additional, updated budget information to these Committees
upon request.
209. Paragraph (2)(B)(i) of section 3(a) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended—
(1) in the matter preceding subclause
(I)—
(A) by striking Except as otherwise
provided under this clause, each and inserting Each;
and
(B) by inserting after which
shall the following: not be lower than 80 percent of the
applicable fair market rental established under section 8(c) of this Act and
which shall; and
(2) by striking the undesignated matter
following subclause (II) and inserting the following: Public housing
agencies must comply by June 1, 2014, with the requirement of this clause,
except that if a new flat rental amount for a dwelling unit will increase a
family's existing rental payment by more than 35 percent, the new flat rental
amount shall be phased in as necessary to ensure that the family's existing
rental payment does not increase by more than 35 percent annually. The
preceding sentence shall not be construed to require establishment of rental
amounts equal to 80 percent of the fair market rental in years when the fair
market rental falls from the prior year..
210. Subparagraph (A) of section 3(b)(6) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)(A)) is amended by
inserting before the period at the end the following: , or a consortium
of such entities or bodies as approved by the Secretary.
211. A public housing agency or such other
entity that administers Federal housing assistance for the Housing Authority of
the county of Los Angeles, California, the States of Alaska, Iowa, and
Mississippi shall not be required to include a resident of public housing or a
recipient of assistance provided under section 8 of the United States Housing
Act of 1937 on the board of directors or a similar governing board of such
agency or entity as required under section (2)(b) of such Act. Each public
housing agency or other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of Los Angeles,
California and the States of Alaska, Iowa and Mississippi that chooses not to
include a resident of public housing or a recipient of section 8 assistance on
the board of directors or a similar governing board shall establish an advisory
board of not less than six residents of public housing or recipients of section
8 assistance to provide advice and comment to the public housing agency or
other administering entity on issues related to public housing and section 8.
Such advisory board shall meet not less than quarterly.
212.
(a) Notwithstanding any other provision of law,
subject to the conditions listed in subsections (c) and (e), for fiscal years
2014 and 2015, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-income use if any
restrictions, associated with one or more multifamily housing project or
projects to another multifamily housing project or projects.
(b)
Phased Transfers
Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and other
requirements related to rehabilitating or constructing the project or projects
to which the assistance is transferred, to ensure that such project or projects
meet the standards under section (c).
(c) The transfer authorized in subsection (a)
is subject to the following conditions:
(1)
Number and bedroom size of Units
(A) For occupied units in the transferring
project: the number of low-income and very low-income units and the
configuration (i.e. bedroom size) provided by the transferring project shall be
no less than when transferred to the receiving project or projects and the net
dollar amount of Federal assistance provided to the transferring project shall
remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring
project: the Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a reconfiguration of
bedroom sizes to meet current market demands, as determined by the Secretary
and provided there is no increase in the project-based assistance budget
authority.
(2) The transferring project shall, as
determined by the Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall
meet or exceed applicable physical standards established by the
Secretary.
(4) The owner or mortgagor of the transferring
project shall notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who
remain eligible for assistance to be provided by the receiving project or
projects shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are available for
occupancy.
(6) The Secretary determines that this transfer
is in the best interest of the tenants.
(7) If either the transferring project or the
receiving project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-insured
mortgage lien transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon determination that
such a waiver is necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the
requirements of subsection (d)(2)(F), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project where, in either
case, any use restrictions in such agreement are of no lesser duration than the
existing use restrictions.
(9) The transfer does not increase the cost (as
defined in section 502 of the Congressional Budget Act of 1974, as amended) of
any FHA-insured mortgage, except to the extent that appropriations are provided
for the amount of any such increased cost.
(d) For purposes of this section—
(1) the terms low-income and
very low-income shall have the meanings provided by the statute
and/or regulations governing the program under which the project is insured or
assisted;
(2) the term multifamily housing
project means housing that meets one of the following
conditions—
(A) housing that is subject to a mortgage
insured under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and Affordability
Housing Act;
(C) housing that is assisted under section 202
of the Housing Act of 1959 as amended by section 801 of the Cranston-Gonzales
National Affordable Housing Act;
(D) housing that is assisted under section 202
of the Housing Act of 1959, as such section existed before the enactment of the
Cranston-Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811
of the Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a
use agreement;
(3) the term project-based
assistance means—
(A) assistance provided under section 8(b) of
the United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before October 1,
1983);
(C) rent supplement payments under section 101
of the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section
236 and/or additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959; and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act;
(4) the term receiving project or
projects means the multifamily housing project or projects to which
some or all of the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be transferred;
(5) the term transferring
project means the multifamily housing project which is transferring
some or all of the project-based assistance, debt and the statutorily required
low-income and very low-income use restrictions to the receiving project or
projects; and
(6) the term Secretary means the
Secretary of Housing and Urban Development.
(e)
Public Notice and Research Report
(1) The Secretary shall publish by notice in
the Federal Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than 30 days before
the effective date of such notice.
(2) The Secretary shall conduct an evaluation
of the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected properties.
213. No funds provided under this title may be
used for an audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2 U.S.C.
661 et seq.).
214.
(a) No assistance shall be provided under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who—
(1) is enrolled as a student at an institution
of higher education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such
term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such section
8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or
has parents who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility
of a person to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher education (as defined
under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age of 23 with
dependent children.
215. The funds made available for Native
Alaskans under the heading Native American Housing Block Grants
in title II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005.
216. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z–g), the
Secretary of Housing and Urban Development may, until September 30, 2014,
insure and enter into commitments to insure mortgages under section 255(g) of
the National Housing Act (12 U.S.C. 1715z–20).
217. Notwithstanding any other provision of law,
in fiscal year 2014, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with a
contract for rental assistance payments under section 8 of the United States
Housing Act of 1937 or other Federal programs, the Secretary shall maintain any
rental assistance payments under section 8 of the United States Housing Act of
1937 and other programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in consultation with the
tenants and the local government, that such a multifamily property owned or
held by the Secretary is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration of (1) the costs
of rehabilitating and operating the property and all available Federal, State,
and local resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(MAHRAA) and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for imminent major threats to health and safety
after written notice to and informed consent of the affected tenants and use of
other available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
218.
(a)
Inspections
Section 8(o)(8) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(8)) is amended—
(1) by redesignating subparagraph (E) as
subparagraph (G); and
(2) by striking subparagraph (D) and inserting
the following new subparagraphs:
(D)
Biennial inspections
(i)
Requirement
Each public housing agency providing
assistance under this subsection (or other entity, as provided in paragraph
(11)) shall, for each assisted dwelling unit, make inspections not less often
than biennially during the term of the housing assistance payments contract for
the unit to determine whether the unit is maintained in accordance with the
requirements under subparagraph (A).
(ii)
Use of alternative inspection
method
The requirements under
clause (i) may be complied with by use of inspections that qualify as an
alternative inspection method pursuant to subparagraph (E).
(iii)
Records
The public housing agency (or other entity)
shall retain the records of the inspection for a reasonable time, as determined
by the Secretary, and shall make the records available upon request to the
Secretary, the Inspector General for the Department of Housing and Urban
Development, and any auditor conducting an audit under section 5(h).
(iv)
Mixed-finance properties
The Secretary may adjust the frequency of
inspections for mixed-finance properties assisted with vouchers under paragraph
(13) to facilitate the use of the alternative inspections in subparagraph
(E).
(E)
Alternative inspection method
An inspection of a property shall qualify
as an alternative inspection method for purposes of this subparagraph
if—
(i) the inspection was conducted pursuant to
requirements under a Federal, State, or local housing program (including the
Home investment partnership program under title II of the Cranston-Gonzalez
National Affordable Housing Act and the low-income housing tax credit program
under section 42 of the Internal Revenue Code of 1986); and
(ii) pursuant to such inspection, the property
was determined to meet the standards or requirements regarding housing quality
or safety applicable to properties assisted under such program, and, if a
non-Federal standard or requirement was used, the public housing agency has
certified to the Secretary that such standard or requirement provides the same
(or greater) protection to occupants of dwelling units meeting such standard or
requirement as would the housing quality standards under subparagraph
(B).
(F)
Interim inspections
Upon notification to the public housing
agency, by a family (on whose behalf tenant-based rental assistance is provided
under this subsection) or by a government official, that the dwelling unit for
which such assistance is provided does not comply with the housing quality
standards under subparagraph (B), the public housing agency shall inspect the
dwelling unit—
(i) in the case of any condition that is
life-threatening, within 24 hours after the agency's receipt of such
notification, unless waived by the Secretary in extraordinary circumstances;
and
(ii) in the case of any condition that is not
life-threatening, within a reasonable time frame, as determined by the
Secretary.
.
(b)
Effective
date
The amendments in
subsection (a) shall take effect upon such date as the Secretary determines, in
the Secretary's sole discretion, through the Secretary's publication of such
date in the Federal Register, as part of regulations promulgated, or a notice
issued, by the Secretary to implement such amendments.
219. Notwithstanding any other provision of law,
the recipient of a grant under section 202b of the Housing Act of 1959 (12
U.S.C. 1701q) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202(b) of such Act, may, at its option,
establish a single-asset nonprofit entity to own the project and may lend the
grant funds to such entity, which may be a private nonprofit organization
described in section 831 of the American Homeownership and Economic Opportunity
Act of 2000.
220. The commitment authority funded by fees as
provided under the subheading Program Account under the heading
Community Development Loan Guarantees may be used to guarantee,
or make commitments to guarantee, notes, or other obligations issued by any
State on behalf of non-entitlement communities in the State in accordance with
the requirements of section 108 of the Housing and Community Development Act of
1974:
Provided, That any State
receiving such a guarantee or commitment shall distribute all funds subject to
such guarantee to the units of general local government in non-entitlement
areas that received the commitment.
221. Public housing agencies that own and
operate 400 or fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule:
Provided, That an agency seeking
a discontinuance of a reduction of subsidy under the operating fund formula
shall not be exempt from asset management requirements.
222. With respect to the use of amounts provided
in this Act and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary
shall not impose any requirement or guideline relating to asset management that
restricts or limits in any way the use of capital funds for central office
costs pursuant to section 9(g)(1) or 9(g)(2) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing
agency may not use capital funds authorized under section 9(d) for activities
that are eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
223. No official or employee of the Department
of Housing and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control and has
received training in funds control procedures and directives. The Chief
Financial Officer shall ensure that, not later than 90 days after the date of
enactment of this Act, a trained allotment holder shall be designated for each
HUD subaccount under the heading Administration, Operations, and
Management as well as each account receiving appropriations for
Program Office Salaries and Expenses within the Department of
Housing and Urban Development.
224. Payment of attorney fees in program-related
litigation must be paid from individual program office personnel benefits and
compensation funding. The annual budget submission for program office personnel
benefit and compensation funding must include program-related litigation costs
for attorney fees as a separate line item request.
225. The Secretary of the Department of Housing
and Urban Development shall for fiscal year 2014 and subsequent fiscal years,
notify the public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of assistance or
notice of funding availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2014 and subsequent
fiscal years, the Secretary may make the NOFA available only on the Internet at
the appropriate Government Web site or through other electronic media, as
determined by the Secretary.
226. The Secretary of the Department of Housing
and Urban Development is authorized to transfer up to 5 percent or
$5,000,000, whichever is less, of the funds
appropriated for any office funded under the heading Administration,
Operations, and Management to any other office funded under such
heading:
Provided, That no appropriation
for any office funded under the heading Administration, Operations, and
Management shall be increased or decreased by more than 5 percent or
$5,000,000, whichever is less, without prior
written approval of the House and Senate Committees on Appropriations:
Provided further,
That the Secretary is authorized to transfer up to 5 percent or
$5,000,000, whichever is less, of the funds
appropriated for any account funded under the general heading Program
Office Salaries and Expenses to any other account funded under such
heading:
Provided further,
That no appropriation for any account funded under the general heading
Program Office Salaries and Expenses shall be increased or
decreased by more than 5 percent or $5,000,000,
whichever is less, without prior written approval of the House and Senate
Committees on Appropriations:
Provided further,
That the Secretary may transfer funds made available for salaries and expenses
between any office funded under the heading Administration, Operations
and Management and any account funded under the general heading
Program Office Salaries and Expenses, but only with the prior
written approval of the House and Senate Committees on Appropriations.
227.
(a) The Secretary of Housing and Urban
Development shall take the required actions under subsection (b) when a
multifamily housing project with a section 8 contract or contract for similar
project-based assistance:
(1) receives a Real Estate Assessment Center
(REAC) score of 30 or less; or
(2) receives a REAC score between 31 and 59
and:
(A) fails to certify in writing to HUD within
60 days that all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60
on REAC inspections.
Such requirements shall apply to
insured and noninsured projects with assistance attached to the units under
section 8 of the united States housing Act of 1937 (42 U.S.C. 1437f), but do
not apply to such units assisted under section 8(o)(13) (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or operating
funds under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).
(b) The Secretary shall take the following
required actions as authorized under subsection (a)—
(1) The Secretary shall notify the owner and
provide an opportunity for response within 30 days. If the violations remain,
the Secretary shall develop a Compliance, Disposition and Enforcement Plan
within 60 days, with a specified timetable for correcting all deficiencies. The
Secretary shall provide notice of the Plan to the owner, tenants, the local
government, any mortgagees, and any contract administrator.
(2) At the end of the term of the Compliance,
Disposition and Enforcement Plan, if the owner fails to fully comply with such
plan, the Secretary may require immediate replacement of project management
with a management agent approved by the Secretary, and shall take one or more
of the following actions, and provide additional notice of those actions to the
owner and the parties specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including
partial abatement, as determined by the Secretary, until all deficiencies have
been corrected;
(C) pursue transfer of the project to an owner,
approved by the Secretary under established procedures, which will be obligated
to promptly make all required repairs and to accept renewal of the assistance
contract as long as such renewal is offered; or
(D) seek judicial appointment of a receiver to
manage the property and cure all project deficiencies or seek a judicial order
of specific performance requiring the owner to cure all project
deficiencies.
(c) The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other remedies set forth
above. To the extent the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible for continued
rental assistance payments under such section 8 or other programs, based on
consideration of (1) the costs of rehabilitating and operating the property and
all available Federal, State, and local resources, including rent adjustments
under section 524 of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (MAHRAA) and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-based
rental assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary shall report
semi-annually on all properties covered by this section that are assessed
through the Real Estate Assessment Center and have physical inspection scores
of less than 30 or have consecutive physical inspection scores of less than 60.
The report shall include:
(1) The enforcement actions being taken to
address such conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such conditions
multiple times; and
(2) Actions that the Department of Housing and
Urban Development is taking to protect tenants of such identified
properties.
228. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban Development, shall be
considered a program of the Department of Housing and Urban
Development under section 904 of the McKinney Act for the purpose of
income verifications and matching.
229.
(a)
PHA compensation
Section 2(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437(b)) is amended by adding the following new
paragraph at the end:
(4)
Salary
(A)
General
This paragraph establishes the maximum
salary that a public housing agency may provide to its employees and the
maximum annual contract amounts that may be paid to its contract personnel
using funds provided under this Act. A public housing agency shall use the same
salary structure as described in this paragraph and follow the requirements of
uniform administrative rules for Federal grants and cooperative agreements and
principles and standards for determining costs for Federal awards for all
payments that it makes to its employees and for personnel hired as contractors
when funds provided under this Act are used for such payments.
(B)
Salary structure
(i) The base salary of public housing agency
employees and the contract amount paid to contracted personnel from funds
provided under this Act shall be based on the Federal General Schedule (GS)
basic rate of pay, including locality adjustment, established under sections
5303 and 5304 of title 5, United States Code as follows:
(I) For public housing agencies with fewer than
250 total units (public housing and section 8 housing vouchers), the base
salary of a public housing agency employee or total annual payment to each
contracted personnel shall not exceed the basic rate of pay, including a
locality adjustment, for GS–11, step 10;
(II) For public housing agencies with 250 to
1249 total units (public housing and section 8 housing vouchers), the base
salary of a public housing employee or total annual payment to each contracted
personnel shall not exceed the basic rate of pay, including locality
adjustment, for GS–13, step 10;
(III) For public housing agencies with 1250 or
more total units (public housing and section 8 housing vouchers), the base
salary of a public housing agency employee or total annual payment to each
contracted personnel shall not exceed the basic rate of pay, including locality
adjustment, for GS–15, step 10.
(ii) Any amount of salary paid to an employee or
of total annual payment to each contracted personnel that exceeds the amount
provided under the structure of this paragraph must be from non-Act
sources.
(iii) The salary structure provided in
subparagraph (B)(i) shall be subject to any requirements that may be
established for the General Schedule by an appropriations Act or by
Presidential executive order for any Federal fiscal year.
(iv) A public housing agency must certify that
it has established detailed performance measures that describe how public
housing agency employees or personnel hired as contractors may receive a salary
or contract increase within the limits of subparagraph (B)(i). The
certification shall be transmitted to the Secretary in a format as determined
by the Secretary.
(C)
Definitions
For purposes of this section—
(i) Employee includes any member of a public
housing agency organization whose salary is paid in whole or in part from funds
provided under this Act, and regardless of whether such employee is full-time
or part-time, temporary or permanent.
(ii) Contracted personnel includes any member of
a public housing agency organization whose position is procured under uniform
administrative rules for Federal grants and cooperative agreements and who is
paid in whole or in part from funds provided under this Act, and regardless of
whether such individual is full-time or part-time, hourly, temporary or
permanent. No such position shall be for a period beyond 5 years without
re-procurement.
(iii) Salary includes the annual basic rate of
pay, including a locality adjustment, as provided in sub-paragraph (B) and any
additional adjustments, such as may be provided for overtime or shift
differentials, bonuses, or contract payments including bonuses. Salary does not
include fringe benefits as defined in principles and standards for determining
costs for Federal awards.
(D)
Disclosure of records
Each public housing agency shall make
available to the Secretary upon request such financial and other records as the
Secretary deems necessary for purpose of review and monitoring compliance with
this
section.
.
(b)
Effective
date
The amendment made by
subsection (a) shall take effect on January 1, 2014 except that for contract
personnel the amendment should be effective upon the expiration of any contract
in effect on the date of enactment of the amendment.
230. Paragraph (1) of section 242(i) of the
National Housing Act (12 U.S.C. 1715z–7(i)(1)) is amended by striking
July 31, 2011 and inserting July 31, 2016.
231. The Secretary of Housing and Urban
Development shall report quarterly to the House and Senate Committees on
Appropriations on the status of all section 8 project-based housing, including
the number of all project-based units by region as well as an analysis of all
federally subsidized housing being refinanced under the Mark-to-Market program.
The Secretary shall identify in the report all existing units maintained by
region as section 8 project-based units and all project-based units that have
opted out of section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail and by project all
efforts made by the Department to preserve all section 8 project-based housing
units and all the reasons for any units which opted out or otherwise were lost
as section 8 project-based units. Such analysis shall include a review of the
impact of the loss of any subsidized units in that housing market including the
cost impact of the loss of available subsidized, low-income housing in areas
with scarce housing resources for low income families.
232.
(a) Subsection (b) of section 225 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12755) is amended
by inserting at the end the following sentence: Such 30 day waiting
period is not required if the grounds for the termination or refusal to renew
involve a direct threat to the safety of the tenants or employees of the
housing, or an imminent and serious threat to the property (and the termination
or refusal to renew is in accordance with the requirements of State or local
law)..
(b) Section 231 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12771) is amended—
(1) in subsection (b) by striking make
such funds available by direct reallocation and all that follows
through were recaptured and inserting reallocate the
funds by formula in accordance with section 217(d) of this Act (42 U.S.C.
12747(d)); and
(2) by striking subsection (c).
233. Section 24 of the United States Housing Act
of 1937 (42 U.S.C. 1437v) is amended—
(1) in subsection (m)(1), by striking
fiscal year and all that follows through the period at the end
and inserting fiscal year 2014.; and
(2) in subsection (o), by striking
September and all that follows through the period at the end and
inserting September 30, 2014..
234. Of the amounts made available for salaries
and expenses under all accounts under this title (except for the Office of
Inspector General account), a total of up to
$10,000,000 may be transferred to and merged
with amounts made available in the Information Technology Fund
account under this title.
235. The proviso under the Community
Development Fund heading in Public Laws 109–148, 109–234, 110–252, and
110–329 which requires the Secretary to establish procedures to prevent
duplication of benefits and to report to the Committees on Appropriations on
all steps to prevent fraud and abuse is amended by striking
quarterly and inserting annually.
236. Title II of division K of Public Law
110–161 is amended by striking the item related to Flexible Subsidy
Fund.
237.
(a) Section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a) is amended—
(1) in paragraph (2), by designating the first
sentence as subparagraph (A), the second sentence as subparagraph (B), and the
remaining sentences as subparagraph (D), and by inserting after subparagraph
(B) the following new subparagraph (C):
(C) The term extremely low-income families
means very low-income families whose incomes do not exceed the higher
of—
(i) the poverty guidelines updated periodically
by the Department of Health and Human Services under the authority of section
673(2) of the Community Services Block Grant Act applicable to a family of the
size involved (except that this clause shall not apply in the case of public
housing agencies or projects located in Puerto Rico or any other territory or
possession of the United States); or
(ii) 30 percent of the median family income for
the area, as determined by the Secretary, with adjustments for smaller and
larger families (except that the Secretary may establish income ceilings higher
or lower than 30 percent of the median for the area on the basis of the
Secretary's findings that such variations are necessary because of unusually
high or low family incomes).
;
and
(b) Section 16 of the United States Housing Act
of 1937 (42 U.S.C. 1437n) is amended—
(1) in subsection (a)(2)(A);
(2) in subsection (b)(1); and
(3) in subsection (c)(3), by striking
families whose incomes and all that follows through low
family incomes and inserting extremely low-income
families.
238. The language under the heading Rental
Assistance Demonstration in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112–55) is amended—
(1) by striking (except for funds
allocated under such section for single room occupancy dwellings as authorized
by title IV of the McKinney-Vento Homeless Assistance Act) in both
places such language appears;
(2) in the third proviso by inserting in
excess of amounts made available under this heading after
associated with such conversion;
(3) in the fourth proviso—
(A) by striking 60,000 and
inserting 120,000; and
(B) by striking or section
8(e)(2);
(4) in the penultimate proviso—
(A) by inserting with respect to
applications submitted after That;
(B) by striking and 2013, and
inserting through 2015;
(C) by striking and agreement of the
administering public housing agency, and inserting ,
either;
(D) by inserting , subject to the
agreement of the administering public housing agency, after
available for such vouchers;
(E) by inserting or for conversion of
assistance available for such tenant protection vouchers to assistance under a
project-based subsidy contract under section 8 of the Act, which shall have a
term of no less than 20 years, with rent adjustments limited to an operating
cost factor established by the Secretary, and shall be subject to the
availability of appropriations for each year of such term, and which shall be
eligible for renewal under section 524 of the Multifamily Assisted Housing
Reform and Affordability of 1997 (42 U.S.C. 1437f note): Provided further, That amounts made
available under the headings Project-Based Rental Assistance and
Other Assisted Housing Programs, Rental Housing Assistance
during the period of conversion under the previous proviso, which may extend
beyond fiscal year 2015 as necessary to allow processing of all timely
applications, shall be available for project-based subsidy contracts entered
into pursuant to the previous proviso: Provided
further, That amounts, including contract authority,
recaptured from contracts following a conversion under the previous two
provisos are hereby rescinded and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to remain available
until expended for such conversions: Provided
further, That the Secretary may transfer amounts under the
heading Other Assisted Housing Programs, Rental Housing
Assistance, amounts made available for tenant protection vouchers under
the heading Tenant-Based Rental Assistance, and amounts made
available under the previous proviso as needed to the account under the
Project-Based Rental Assistance heading to facilitate conversion
under the three previous provisos and any increase in cost for
Project-Based Rental Assistance associated with such conversion
shall be equal to amounts so transferred after subparagraphs (C)
and (D) of section 8(o)(13) of the Act; and
(5) in the final proviso, by striking
proviso and inserting four provisos in both
places such language appears.
239. None of the funds in this Act provided to
the Department of Housing and Urban Development may be used to make a grant
award unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project, State,
locality, housing authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the Department or its
offices.
240. Section 202(f)(2) of the Housing Act of
1959 (12 U.S.C. 1701q(f)(2)) is amended—
(a) in paragraph (A)—
(1) by striking the matter before clause (i)
and inserting the following: The Secretary shall establish procedures to
delegate the award, review and processing of projects, selected by the
Secretary in a national competition, to a State or local housing agency
that—; and
(2) in clause (iii), by striking capital
advance and inserting funding, and by replacing the
comma with a semi-colon;
(b) in subparagraph (B), by striking
capital advances and inserting funding under this
section;
(c) in subparagraph (C), by striking the first
sentence;
(d) by redesignating subparagraph (D) as
subparagraph (E), and in the redesignated subparagraph (E)—
(1) by striking a capital
advance and inserting funding under this section;
and
(2) by striking capital advance amounts
or project rental assistance and inserting funding under this
section; and
(e) by inserting the following new subparagraph
after subparagraph (C):
(D) Assistance under subsection (c)(2) may be
provided for projects which identify in the application for assistance a
defined health and other supportive services program including sources of
financing the services for eligible residents and memoranda of understanding
with service provision agencies and organizations to provide such services for
eligible residents at their request. Such supportive services plan and
memoranda of understating shall—
(i) identify the target populations to be
served by the project;
(ii) set forth methods for outreach and
referral;
(iii) identify the health and other supportive
services to be provided; and
(iv) identify the terms under which such
services will be made available to residents of the
project.
.
241. Section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended—
(1) in subsection (b)(1) after new
dwelling insert or the rehabilitation of existing
dwellings;
(2) in subsection (b)(2) after
new insert or rehabilitated;
(3) in subsection (d)(1) after
dwellings insert or rehabilitating existing dwellings to
make them decent, safe and sanitary;
(4) in subsection (d)(2) by inserting at the
end the following new subparagraph:
(C)
Planning, administration, and
management
Planning,
administration, and management of grant programs and activities, provided that
such expenses do not exceed 20 percent of any grant made under this
section.
;
(5) in subsection (i)(5) by—
(A) striking 24 and inserting
36; and
(B) striking except that and all
that follow through such grant amounts;
(6) in subsection (j) by—
(A) inserting after the heading
(1) Redistribution of
funds.—;
(B) striking 24 and inserting
36;
(C) striking (or, in the case
and all that follows through within 36 months); and
(D) inserting at the end the following new
paragraph:
(2)
Deadline for completion and
conveyance
The Secretary
shall establish a deadline (which may be extended for good cause as determined
by the Secretary) by which time all units that have been assisted with grant
funds under this section must be completed and
conveyed.
.
242. Section 8(o)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(2)), is amended by adding at the end
the following new subparagraph:
(D)
Utility allowance
(i)
General
In determining the monthly assistance
payment for a family under subparagraphs (A) and (B), the amount allowed for
tenant-paid utilities shall not exceed the appropriate utility allowance for
the family unit size as determined by the public housing agency regardless of
the size of the dwelling unit leased by the family.
(ii)
Exception for families in including persons
with disabilities
Notwithstanding subparagraph (A), upon
request by a family that includes a person with disabilities, the public
housing agency shall approve a utility allowance that is higher than the
applicable amount on the utility allowance schedule if a higher utility
allowance is needed as a reasonable accommodation to make the program
accessible to and usable by the family member with a
disability.
.
243. Paragraph (1) of section 8(c) of the United
States Housing Act of 1937 (42 U.S.C. 1437) is amended—
(1) by inserting (A) after the
paragraph designation;
(2) by striking the fourth, seventh, eighth,
ninth sentences; and
(3) by adding at the end the following:
(B)
Publication of Fair Market
Rentals
Not less than
annually:
(i) The Secretary shall publish a notice in the
Federal Register that proposed fair market rentals for an area have been
published on the site of the Department on the Internet and in any other manner
specified by the Secretary. Such notice shall describe proposed material
changes in the methodology for estimating fair market rentals and shall provide
reasonable time for public comment.
(ii) The Secretary shall publish a notice in the
Federal Register that final fair market rentals have been published on the site
of the Department on the Internet and in any other manner specified by the
Secretary. Such notice shall include the final decisions regarding proposed
substantial methodological changes for estimating fair market rentals and
responses to public comments.
This title may be cited as the
Department of Housing and Urban
Development Appropriations Act,
2014.
III
Related agencies
Access
board
Salaries and expenses
For expenses necessary for the Access Board,
as authorized by section 502 of the Rehabilitation Act of 1973, as amended,
$7,448,000:
Provided, That, notwithstanding any
other provision of law, there may be credited to this appropriation funds
received for publications and training expenses.
Federal maritime
commission
Salaries and expenses
For necessary expenses of the Federal
Maritime Commission as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and
uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902,
$24,669,000:
Provided, That not to exceed
$2,000 shall be available for official reception
and representation expenses.
National railroad passenger corporation
office of inspector general
salaries and expenses
For necessary expenses of the Office of
Inspector General for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as amended,
$21,000,000:
Provided, That the Inspector
General shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to
investigate allegations of fraud, including false statements to the government
(18 U.S.C. 1001), by any person or entity that is subject to regulation by the
National Railroad Passenger Corporation:
Provided further, That
the Inspector General may enter into contracts and other arrangements for
audits, studies, analyses, and other services with public agencies and with
private persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger Corporation:
Provided further, That
the Inspector General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions, powers, and
duties of the Office of Inspector General, subject to the applicable laws and
regulations that govern such selections, appointments, and employment within
Amtrak:
Provided further, That
concurrent with the President's budget request for fiscal year 2015, the
Inspector General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2015 in similar format and
substance to those submitted by executive agencies of the Federal
Government.
National transportation safety
board
Salaries and expenses
For necessary expenses of the National
Transportation Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902),
$103,027,000, of which not to exceed
$2,000 may be used for official reception and
representation expenses. The amounts made available to the National
Transportation Safety Board in this Act include amounts necessary to make lease
payments on an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood reinvestment
corporation
Payment to the neighborhood reinvestment
corporation
For payment to the
Neighborhood Reinvestment Corporation for use in neighborhood reinvestment
activities, as authorized by the Neighborhood Reinvestment Corporation Act (42
U.S.C. 8101–8107), $138,300,000, of which
$5,000,000 shall be for a multi-family rental
housing program:
Provided, That in addition,
$77,000,000 shall be made available until
expended to the Neighborhood Reinvestment Corporation for mortgage foreclosure
mitigation activities, under the following terms and
conditions:
(1) The Neighborhood Reinvestment Corporation
(NRC) shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) (with match to be
determined by the NRC based on affordability and the economic conditions of an
area; a match also may be waived by the NRC based on the aforementioned
conditions) to provide mortgage foreclosure mitigation assistance primarily to
States and areas with high rates of defaults and foreclosures to help eliminate
the default and foreclosure of mortgages of owner-occupied single-family homes
that are at risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to approved counseling
intermediaries based on a geographic analysis of the Nation by the NRC which
determines where there is a prevalence of mortgages that are risky and likely
to fail, including any trends for mortgages that are likely to default and face
foreclosure. A State Housing Finance Agency may also be eligible where the
State Housing Finance Agency meets all the requirements under this paragraph. A
HUD-approved counseling intermediary shall meet certain mortgage foreclosure
mitigation assistance counseling requirements, as determined by the NRC, and
shall be approved by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance
shall only be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages shall likely be
subject to a foreclosure action and homeowners will be provided such assistance
that shall consist of activities that are likely to prevent foreclosures and
result in the long-term affordability of the mortgage retained pursuant to such
activity or another positive outcome for the homeowner. No funds made available
under this paragraph may be provided directly to lenders or homeowners to
discharge outstanding mortgage balances or for any other direct debt reduction
payments.
(3) The use of Mortgage Foreclosure Mitigation
Assistance by approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's financial
situation, an evaluation of the current value of the property that is subject
to the mortgage, counseling regarding the assumption of the mortgage by another
non-Federal party, counseling regarding the possible purchase of the mortgage
by a non-Federal third party, counseling and advice of all likely restructuring
and refinancing strategies or the approval of a work-out strategy by all
interested parties.
(4) NRC may provide up to 15 percent of the
total funds under this paragraph to its own charter members with expertise in
foreclosure prevention counseling, subject to a certification by the NRC that
the procedures for selection do not consist of any procedures or activities
that could be construed as an unacceptable conflict of interest or have the
appearance of impropriety.
(5) HUD-approved counseling entities and State
Housing Finance Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial institutions as
well as borrowers facing default, delinquency and foreclosure as well as
documented counseling capacity, outreach capacity, past successful performance
and positive outcomes with documented counseling plans (including post mortgage
foreclosure mitigation counseling), loan workout agreements and loan
modification agreements. NRC may use other criteria to demonstrate capacity in
underserved areas.
(6) Of the total amount made available under
this paragraph, up to $3,000,000 may be made
available to build the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training courses with
HUD-approved counseling intermediaries and their partners, except that private
financial institutions that participate in NRC training shall pay market rates
for such training.
(7) Of the total amount made available under
this paragraph, up to 5 percent may be used for associated administrative
expenses for the NRC to carry out activities provided under this
section.
(8) Mortgage foreclosure mitigation assistance
grants may include a budget for outreach and advertising, and training, as
determined by the NRC.
(9) The NRC shall continue to report
bi-annually to the House and Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services Committee on its efforts
to mitigate mortgage default.
United states interagency council on
homelessness
Operating expenses
For necessary expenses (including payment of
salaries, authorized travel, hire of passenger motor vehicles, the rental of
conference rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended,
$3,595,000. Title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11319) is amended by striking October
1, 2015 in section 209 and inserting October 1, 2020,
and in section 204(a) by striking level V and inserting
level IV.
IV
General provisions—this act
401. Such sums as may be necessary for fiscal
year 2014 pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
402. None of the funds in this Act shall be used
for the planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
403. None of the funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
404. The expenditure of any appropriation under
this Act for any consulting service through procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
405. Except as otherwise provided in this Act,
none of the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2014, or provided from any accounts in
the Treasury derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or expenditure through a
reprogramming of funds that:
(1) creates a new program;
(2) eliminates a program, project, or
activity;
(3) increases funds or personnel for any
program, project, or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a
specific activity by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10
percent, whichever is less;
(6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent,
whichever is less; or
(7) creates, reorganizes, or restructures a
branch, division, office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to the Committees
on Appropriations or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations:
Provided, That not later than 60
days after the date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the Senate and of
the House of Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further,
That the report shall include:
(A) a table for each appropriation with a
separate column to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to enacted rescissions,
if appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget appendix for the
respective appropriation; and
(C) an identification of items of special
congressional interest:
Provided further,
That the amount appropriated or limited for salaries and expenses for an agency
shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to the
Congress.
406. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2014 from appropriations made available for salaries and
expenses for fiscal year 2014 in this Act, shall remain available through
September 30, 2015, for each such account for the purposes authorized:
Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations for approval
prior to the expenditure of such funds:
Provided further,
That these requests shall be made in compliance with reprogramming guidelines
under section 405 of this Act.
407. All Federal agencies and departments that
are funded under this Act shall issue a report to the House and Senate
Committees on Appropriations on all sole-source contracts by no later than July
30, 2014. Such report shall include the contractor, the amount of the contract
and the rationale for using a sole-source contract.
408.
(a) None of the funds made available in this
Act may be obligated or expended for any employee training that—
(1) does not meet identified needs for
knowledge, skills, and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high
levels of emotional response or psychological stress in some
participants;
(3) does not require prior employee
notification of the content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or new age
belief systems as defined in Equal Employment Opportunity Commission Notice
N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit,
restrict, or otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
409. No funds in this Act may be used to support
any Federal, State, or local projects that seek to use the power of eminent
domain, unless eminent domain is employed only for a public use:
Provided, That for purposes of
this section, public use shall not be construed to include economic development
that primarily benefits private entities:
Provided further,
That any use of funds for mass transit, railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general public
(including energy-related, communication-related, water-related and
wastewater-related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and oversight by
the government, and projects for the removal of an immediate threat to public
health and safety or brownsfield as defined in the Small Business Liability
Relief and Brownsfield Revitalization Act (Public Law 107–118) shall be
considered a public use for purposes of eminent domain.
410. None of the funds made available in this
Act may be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
411. No part of any appropriation contained in
this Act shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an employee who has
left to enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within 90
days after his release from such service or from hospitalization continuing
after discharge for a period of not more than 1 year, made application for
restoration to his former position and has been certified by the Office of
Personnel Management as still qualified to perform the duties of his former
position and has not been restored thereto.
412. No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United States
Code.
413. No funds appropriated or otherwise made
available under this Act shall be made available to any person or entity that
has been convicted of violating chapter 83 of title 41, United States
Code.
414. None of the funds made available in this
Act may be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
415. None of the funds made available under this
Act or any prior Act may be provided to the Association of Community
Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries,
or allied organizations.
416. None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless the agency has considered suspension or
debarment of the corporation and has made a determination that this further
action is not necessary to protect the interests of the Government.
417. None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation with any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to protect
the interests of the Government.
418. None of the funds made available in this
Act may be used to purchase a light bulb for an office building unless the
light bulb has, to the extent practicable, an Energy Star or Federal Energy
Management Program designation.
419. All agencies and departments funded by the
Act shall send to Congress at the end of the fiscal year a report containing a
complete inventory of the total number of vehicles owned, leased, permanently
retired, and purchased during fiscal year 2014, as well as the total cost of
the vehicle fleet, including maintenance, fuel, storage, purchasing, and
leasing.
420.
(a) The head of any Executive branch
department, agency, board, commission, or office funded by this Act shall
submit annual reports to the Inspector General or senior ethics official for
any entity without an Inspector General, regarding the costs and contracting
procedures related to each conference held by any such department, agency,
board, commission, or office during fiscal year 2014 for which the cost to the
United States Government was more than
$100,000.
(b) Each report submitted shall include, for
each conference described in subsection (a) held during the applicable
period—
(1) a description of its purpose;
(2) the number of participants
attending;
(3) a detailed statement of the costs to the
United States Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual
services;
(C) the cost of employee or contractor travel
to and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures
used including—
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference
held by any Executive branch department, agency, board, commission, or office
funded by this Act during fiscal year 2014 for which the cost to the United
States Government was more than $20,000, the
head of any such department, agency, board, commission, or office shall notify
the Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees attending
such conference.
(d) A grant or contract funded by amounts
appropriated by this Act to an Executive branch agency may not be used for the
purpose of defraying the costs of a conference described in subsection (c) that
is not directly and programmatically related to the purpose for which the grant
or contract was awarded, such as a conference held in connection with planning,
training, assessment, review, or other routine purposes related to a project
funded by the grant or contract.
(e) None of the funds made available in this
Act may be used for travel and conference activities that are not in compliance
with Office of Management and Budget Memorandum M–12–12 dated May 11,
2012.
421. None of the funds made available in this
Act may be used to send or otherwise pay for the attendance of more than 50
employees of a single agency or department of the United States Government, who
are stationed in the United States, at any single international conference
unless the relevant Secretary reports to the Committees on Appropriations at
least 5 days in advance that such attendance is important to the national
interest:
Provided, That for purposes of
this section the term international conference shall mean a
conference occurring outside of the United States attended by representatives
of the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
This Act may be cited as the
Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act,
2014.
June 27, 2013
Read twice and placed on
the calendar